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THE  CITY  CHARTEK, 


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WITH  TH1 


SEVERAL  LAWS  AMENDATORY  THERETO, 

AND  THB 

REVISED  ORDINANCES, 

OF  THB 

CITY  OF  PEKIN,  ILLINOIS; 

TO  WHICH  ARE  PREFIXED  THE 

STATE  LAWS  RELATING  TO  THE  CITY. 


ARRANGED,  REVISED  AND  PUBLISHED  UNDER  THE  AUTHORITT  Of  THE  CITT 

COUNCIL,  IN  THE  YEAR  1861. 

BY  JOHN  B.  CQHRS  AND  A.  P.  GRISWOLD, 


,  V-N 

PEKIN,  ILLINOIS: 

J,  McDonald,  Printer,  Tazewell  Register  Oflice. 


1884, 


Clebk’s  Office,  City  or  Pekin, 

May  2,  1864.  / 

At  a  meeting  of  the  City  Council  of  the  City  of  Pekin,  held  this 
day,  at  their  Council  Room,  in  said  City,  the  following  Resolution 
was  adopted  : 

Resolved,  That  the  Ordinances  of  the  City  of  Pekin,  as  revised  and  ar¬ 
ranged  by  John  B.  Cohrs  and  A.  P.  Griswold,  under  the  authority  of  the 
Council  of  said  City  of  Pekin,  with  the  City  Charter  and  Amendments 
thereto,  and  such  Laws  of  this  State  as  have  been  compiled  and  arranged 
by  them,  be  printed  and  published  in  book  form,  for  the  use  of  the  City. 

-4  true  copy  from  the  journal. 

Attesfe:  H.  VANDERVORT,  City  Clerk. 


STATE  OF  ILLINOIS,  \ 
Tazewell  County,  j  ss 


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•  Office  of  the  Cleric  of  the  City  of  Pekin. 

I,  H.  Vandervort,  Clerk  of  the  City  of  Pekin,  in  the  County  and  State 
aforesaid,  do  hereby  certify  that  the  Ordinances  herein  contained  were 
passed  by  the  City  Council  of  the  City  of  Pekin,  and  duly  published,  as 
appears  from  the  original  Ordinances,  Kecords,  and  Papers  in  which  the 

same  were  published,  now  on  file  in  the  Office  of  the  City  Clerk  of  said 
City. 

Pekin,  Illinois,  November  1,  a.  d.  1864. 

tSEAL]  H.  VANDERVORT,  City  Clerk. 


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TABLE  OF  CONTENTS. 


PAGE. 

"Resolution  nuthorizing  publication,  and  clerk’s  certificate,  iii 

An  Act  to  incorporate  the  city  of  Quincy,  ...  1 

Boundaries  and  general  powers,  Article  1 

Of  the  city  council,  2 

Of  the  chief  executive  -officer,  3 

Of  elections,  4 

Of  the  legislative  powers  of  the  city  council,  5 
Of  the  raavor,  6 

Proceedings  in  special  cases,  7 

Miscellaneous  provisions,  8 

An  Act  to  incorporate  towns  and  cities.  . 

for  the  better  government  of  towns  and  cities,  and  to  amend 
the  charters  thereof, 

4,o  amend  “An  act  to  incorporate  the  city  of  Quincy,” 
to  prevent  cities  and  towns  from  issuing  warrants  to  circu¬ 
late  as  money,  .... 

supplemental  to  an  act,  entitled  “An  act  to  provide  for  a 
general  system  of  railroad  incorporations,” 
to  facilitate  the  construction  of  railroads, 
to  amend  the  charter  of  the  Illinois  River  Railroad  company, 
authorizing  incorporated  cities  to  change,  alter  and  vacate 
streets  or  parts  of  streets, 
to  amend  the  charters  of  the  several  towns  and  cities  in  this  state,  24 
to  amend  an  act,  entitled  “An  act  for  the  better  government 
of'  towns  and  cities,  and  to  amend  the  charters  thereof,” 
to  amend  an  act,  entitled  “An  act  for  the  better  government 
of  towns  and  cities,  and  to  amend  the  charters  thereof,” 
providing  for  the  vacation  of  streets,  alleys  and  town  plats, 
to  amend  an  act,  entitled  “An  act  to  extend  the  corporate 
powers  of  the  town  cf  Pekin,  and  to  confirm  the  action  of 
the  president  and  trustees  of  said  town  in  certain  cases,” 
to  approve  and  extend  the  corporate  powers  of  the  city  of  Pekin,  29 
to  amend  the  charter  of  the  city  of  Pekin,  .  .  30 

SL 

to  amend  an  act  to  amend  the  charter  of  the  city  of  Pekin, 
to  amend  the  charter  of  the  city  of  Pekin,  . 
to  extend  the  corporate  limits  and  powers  of  the  city  and 
town  of  Pekin,  j 

to  amend  the  charter  of  the  city  of  Pekin, 


15 

17 

19 

19 

20 
22 
28. 

23 


OK 


26 

26 


29 


31 

32 

32 

33 


Ti  TABLE  OF  CONTENTS. 

PAOii. 

Aii  Ordinance  defining  the  limits  of  the  city  of  Pekin,  ,  §9 

in  relation  to  the  corporate  seal  of  the  city  of  Pekin,  40 
dividing  the  city  of  Pekin  into  wards,  .  40 

fixing  the  time  of  the  meeting  of  the  city  council  of 

the  city  of  Pekin,  .  .  41 

to  provide  for  the  appointment  of  city  officers,  .  41 

to  punish  city  officers  for  neglect  of  duty,  .  42 

regulating  the  compensation  of  city  officers,  .  42 

relating  to  the  city  officers  of  the  city  of  Pekin,  44 

relative  to  city  officers,  ...  45 

to  repeal  an  ordinance,  entitled  “An  ordinance  relating 
to  city  officers  of  the  city  of  Pekin,”  .  45 

authorizing  the  mayor  to  issue  and  sign  bonds  of  the 

city  of  Pekin,  .  .  .  .  46 

authorizing  the  mayor  to  issue  and  sign  bonds  of  the 

city  of  Pekin,  .  47 

providing  for  the  appointment  of  an  attorney  for  the 

city  of  Pekin,  and  prescribing  his  duties,  .  47 

for  the  appointment  of  a  clerk  of  the  city  of  Pekin, 

and  prescribing  his  duties,  .  .  48 

providing  for  the  appointment  of  a  city  treasurer,  and 

prescribing  his  duties,  .  .  50 

prescribing  the  duties  of  city  engineer  in  the  city  of 

Pekin,  ....  51 

for  the  appointment  of  a  marshal  for  the  city  of  Pekin, 

and  prescribing  his  duties,  .  .  52 

in  relation  to  the  appointment  of  assistant  marshals, 
and  the  duties  of  the  city  marshal  and  assistant 
marshals,  ....  53 

providing  for  the  appointment  of  street  commissioner,  . 

and  prescribing  his  duties,  .  .  54 

in  relation  to  wood  measurers  for  the  city  of  Pekin, 

and  defining  their  duties,  ...  55 

regulating  the  weighing  of  hay  and  stone  coal  in  the 

city  of  Pekin,  . ,  .  .  .  57 

to  preserve  the  health  of  the  city  of  Pekin,  and  to 

prevent  nuisances  therein,  .  .  68 

to  provide  against  contagious  diseases,  .  63 

to  establish  the  rates  of  ferriage  across  the  Illinois 

river,  at  the  city  of  Pekin,  . .  .  ,  64 

in  relation  to  wharf  boats,  public  wharves  and  landings,  65 
establishing  and  regulating  the  public  landings  in  the 

city  of  Pekin,  .  <  ...  . .  67 

to  establish  and  regulate  the  fire  department  of  the 
city  of  Pekin, 


71 


TABLE  OF  CONTENTS.  YU  . 

PAGE. 

An  Ordinance  regulating  the  mode  of  holding  general  and  special 

elections  in  the  city  of  Pekin,  .  .  75 

relating  to  the  establishing  the  grade  of  Court’street, 

and  paving  of  sidewalks,  ...  80 

in  relation  to  sidewalks  in  the  city  of  Pekin,  .  83 

to  provide  for  the  widening  of  Water  and  Front  streets,  85 
for  paving  sidewalk  on  Second  street,  .  87 

for  paving  the  sidewalks  on  Court  street,  .  88 

to  provide  for  the  establishment  of  South  street,  90 

to  provide  for  the  laying  out  of  South  Front  street,  91 

in  relation  to  paving  sidewalks  in  the  city  of  Pekin,  92 

in  relation  to  street  tax,  ...  94 

to  prevent  the  storage  of  excessive  quantities  of  gun¬ 
powder,  and  defining  the  duties  of  the  city  marshal 
in  relation  thereto,  96 

in  relation  to  the  erection  of  wooden  or  frame  build¬ 
ings,  and  also  in  relation  to  lumber  yards  on  certain 
blocks  in  the  city  of  Pekin,  .  .  97 

in  relation  to  horses  running  at  large  within  the  city 

of  Pekin,  ....  100 

in  relation  to  swine  running  at  large  within  the  city 

of  Pekin,  .  .  .  102 

for  the  licensing  of  auctioneers  in  the  city  of  Pekin,  103 
regulating  loan  and  exchange  brokers’  offices,  .  105 

to  provide  for  licensing  and  regulating  carts,  wagons 

and  drays,  ....  106 

to  amend  an  ordinance,  entitled  “An  ordinance  to 
provide  for  licensing  and  regulating  carts,  wagons 
and  drays,”  ....  108 

in  relation  to  dogs  and  sluts  running  at  large  withim 

the  city  of  Pekin,  .  .  .  109 

supplemental  to  an  ordinance,  entitled  “An  ordinance 
in  relation  to  dogs  and  sluts  running  at  large 
within  the  city  of  Pekin,”  .  .  110 

relative  to  granting  licenses  for  various  purposes 

therein  mentioned,  .  .  .  Ill 

licensing  the  sale  of  lumber  and  other  merchandise 

in  the  city  of  Pekin,  .  .  .  112 

to  provide  for  licensing  and  regulating  keepers  of 
billiard  tables,  nine  or  ten  pin  alleys,  shuffle  boards, 
bagatelle  tables,  .  .  .  114 

entitled  “An  ordinance  for  licensing  the  vending,  by 

retail,  of  spirituous  and  malt  liquors,  .  116 

to  regulate  groceries,  tippling  houses,  dram  shops 

and  beer  houses  in  the  city  of  Pekin,  .  118 


Vlil 


TABLE  OF  CONTENTS. 


PAGE, 

An  Ordinance  in  relation  to  public  wells  in  the  city  of  Pekin.  119 

in  relation  to  issuing  city  bonds,  .  .  120 

regulating  costs  in  suits  brought  for  -violating  ordi¬ 
nances  of  the  city  of  Pekin,  .  .  122 

providing  for  the  recovery  and  appropriation  of  fines 
and  forfeitures,  and  the  enforcement  of  penalties 
in  the  city  of  Pekin,  .  .  .  122 

to  amend  an  ordinance,  entitled  “An  ordinance  pro¬ 
viding  for  the  recovery  and  appropriation  of  fines 
and  forfeitures  and  the  enforcement  of  penalties  in 
the  city  of  Pekin,  .  .  .  125 

in  relation  to  certain  misdemeanors,  nuisances  and 

police  in  the  city  of  Pekin,  .  .  126 

to  amend  an  ordinance,  entitled  “An  ordinance  in 
relation  to  certain  misdemeanors,  nuisances  and 
police  in  the  city  of  Pekin,  .  .  135 

to  restrain,-  suppress  and  prohibit  bawdy  houses, 
houses  of  ill  fame  and  houses  of  assignation,  and 
other  disorderly  houses  in  the  city  of  Pekin,  134 

to  amend  the  several  ordinances  of  the  city  of  Pekin 

in  relation  to  fines,  .  .  .  135 

to  amend  an  ordinance,  entitled  “An  ordinance  to 
amend  the  several  ordinances  of  the  city  of  Pekin 
in  relation  to  fines,”  .  .  .  137 


CITY  CHARTER. 


AN  ACT  TO  INCORPORATE  TIIE  CITY  OF  QUINCY 


ARTICLE  1. 

OF  BOUNDARIES  AND  GENERAL  POWERS. 

Sec.  1.  Body  politic  and  corporate  —  name  and  style  —  common  seal. 

2.  Boundaries  of  the  city. 

3.  City  to  be  divided  into  wards. 

4.  Lands  laid  off  and  recorded  to  form  a  part  of  the  city. 

5.  General  power  ;  may  hold  real  and  personal  property,  convey  and 

improve  the  same. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  the  inhabitants  of  the  Town  of  Quincy,  in  the  county 
of  Adams,  and  state  of  Illinois,  be  and  they  are  hereby  constituted 
a  body  politic  and  corporate,  by  the  name  and  style  of  the  City  of 
Quincy,  and  by  that  name  shall  have  perpetual  succession,  and  may 
have  and  use  a  common  seal,  which  they  may  change  and  alter  at 
pleasure. 

§  2.  All  that  district  of  country  embraced  within  the  following 
boundaries,  to  wit:  Beginning  in  the  middle  of  the  main  channel 
of  the  Mississippi  river,  west  of  the  south  side  of  Jefferson  street, 
thence  up  the  river  within  said  channel,  to  a  point  due  west  of  the 
northern  extremity  of  Pease’s  addition  to  said  town,  thence  due  east 
to  the  eastern  side  of  Wood  street,  thence  due  south  along  Wood 
street  to  a  point  due  east  from  the  place  of  beginning,  thence  due 
west  down  the  south  side  of  Jefferson  street  to  the  place  of  beginning, 
is  hereby  declared  to  he  within  the  boundaries  of  the  said  city  of 
Quincy. 

§  3.  The  present  board  of  trustees  of  the  town  of  Quincy  shall,  on 
or  before  the  first  day  of  March  next,  divide  the  said  city  of  Quincy 
into  three  wards,  as  nearly  equal  in  population  as  practicable,  par¬ 
ticularly  describing  the  boundaries  of  each. 

§  4.  Whenever  any  tract  of  land  adjoining  the  City  of  Quincy 


9 

md 


OTI  CHARTER. 


shall  have  been  laid  off  into  town  lots,  and  duly  recorded  as  required 
by  law,  the  same  shall  be  annexed  to  and  form  a  part  of  the  city  of 
Quincy. 

§  5.  The  inhabitants  of  said  city,  by  the  name  and  style  aforesaid, 
shall  have  power  to  sue  and  be  sued;  to  implead  and  be  impleaded; 
defend  and  be  defended,  in  all  courts  of  law  and  equity,  and  in  all 
actions  whatsoever ;  to  purchase,  receive  and  hold  property,  real  and 
personal,  in  said  city;  to  purchase,  receive  and  hold  property,  both 
real  and  personal,  beyond  the  city,  for  burial  grounds,  or  for  other 
public  purposes,  for  the  use  of  the  inhabitants  of  said  city;  to  sell, 
lease,  convey,  or  dispose  of  property,  real  and  personal,  for  the  benefit 
of  the  city;  and  to  improve  and  protect  such  property,  and  to  do  all 
other  things  in  relation  thereto,  as  natural  persons. 

ARTICLE  2. 

OF  THE  CITY  COUNCIL. 

Sec.  1.  City  council. 

2.  Board  of  aldermen  to  consist  of  two  from  each  ward. 

8.  Qualifications  of  aldermen. 

4.  When  office  of  alderman  to  be  made  vacant. 

5,  Divisions  of  aldermen  in  classes  by  lot. 

b.  Returns  and  contests  of  members. 

•  ••  7.  Quorum. 

8.  Rules  of  proceedings  and  expulsion  of  members. 

9.  Journal  of  city  council  to  be  published. 

10.  Aldermen  can  hold  no  office  in  the  city,  created  while  in  office. 

11.  Vacancies;  how  filled. 

12.  Mayor  and  aldermen  to  take  an  oath. 

;  18.  Mayor  to  determine  election  of  alderman  in  case  of  a  tie. 

14.  Twelve  stated  meetings  yearly. 

.  ,  Sec.  1.  There  shall  be  a  city  council,  to  consist  of  a  mayor  and 
board  of  aldermen. 

%  .§  2.  The  board  of  aldermen  shall  consist  of  two  members  from 
each  ward,  to  be  chosen  by  the  qualified  voters  for  two  years. 

§  3.  No  person  shall  be  an  alderman  unless,  at  the  time  of  his 
election,  he  shall  have  resided  six  months  within  the  limits  of  the 
city,  and  shall  be,  at  the  time  of  his  election,  twenty-one  years  of 
age,  and  a  citizen  of  the  United  States. 

§  4.  If  any  alderman  shall,  after  his  election,  remove  from  the 
ward  for  which  he  is  elected,  or  cease  to  be  a  freeholder  in  said  city, 
his  office  shall  thereby  be  vacated. 

§  5.  At  the  first  meeting  of  the  city  council,  the  aldermen  shall 
he  divided  by  lot  into  two  classes  ;  the  seats  of  those  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year,  and  of  the  second 


I 


CITT  CHARTER. 


O 

class  at  the  expiration  of  the  second  year;  so  that  one-half  of  the 
board  shall  be  elected  annually. 

§  6.  The  city  council  shall  judge  of  the  qualifications,  elections, 
and  returns  of  their  own  members,  and  shall  determine  all  contested 
elections. 

§  7.  A  majority  of  the  city  council  shall  constitute  a  quorum  to 
do  business  ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members,  under  such  penalties,  as 
may  be  prescribed  by  oidinance. 

§  8.  The  city  council  shall  have  power  to  determine  the  rules  of  its 
proceedings,  punish  its  members  for  disorderly  conduct,  and,  with  the 
concurrence  of  two-thirds  of  the  members  elected,  expel  a  member. 

§  9.  The  city  council  shall  keep  a  journal  of  its  proceedings,  and, 
from  time  to  time,  publish  the  same;  and  the  yeas  and  nays,  when 
demanded  by  any  member  present,  shall  be  entered  on  the  journal. 

§  10.  No  alderman  shall  be  appointed  to  any  office  under  the 
authority  of  the  city,  which  shall  have  been  created,  or  the  emolu¬ 
ments  of  which  shall  have  been  increased,  during  the  time  for  which 
he  shall  have  been  elected. 

% 

§  11.  All  vacancies  that  shall  occur  in  the  board  of  aldermen  shall 
be  filled  by  election. 

§  12.  The  mayor  and  each  alderman,  before  entering  upon  the 
duties  of  their  office,  shall  take  and  subscribe  an  oath,  “that  they 
will  support  the  constitution  of  the  United  States  and  of  this  state, 
and  that  they  will  well  and  truly  perform  the  duties  of  their  office  to 
the  best  of  their  skill  and  abilities/7 

§  13.  Whenever  there  shall  be  a  tie  in  the  election  of  aldermen, 
the  judges  of  election  shall  certify  the  same  to  the  mayor,  who  shall 
determine  the  same  by  lot,  in  such  manner  as  shall  be  provided  by 
ordinance. 

§  14.  There  shall  be  twelve  stated  meetings  of  the  city  council  in 
each  year,  at  such  times  and  places  as  may  be  prescribed  by  ordinance. 

ARTICLE  3. 

OF  THE  CHIEF  EXECUTIVE  OFFICER. 

Sec.  1.  Executive  officer;  his  term. 

2.  Qualifications  of  mayor. 

3.  When  office  of  mayor  vacated. 

4.  In  case  of  a  tie  for  mayor,  council  to  decide  by  lot. 

6.  Contested  election  of  mayor. 

6.  Vacancy  in  office  of  mayor;  how  filled. 

Sec.  1.  The  chief  executive  officer  of  the  city  shall  be  a  mayor. 


4 


CITY  CHARTER. 


>  •  \ 

who  shall  be  elected  by  the  qualified  voters  of  the  city,  and  shall 
hold  his  office  for  one  year,  and  until  his  successor  shall  be  elected 
and  qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  mayor  who  shall 
not  have  been  a  resident  of  the  city  for  one  year  next  preceding  bis 
election,  or  who  shall  be  under  twenty- one  years  of  age,  or  who  shall 
not,  at  the  time  of  his  election,  be  a  citizen  of  the  United  States. 

§  o.  If  any  mayor  shall,  during  the  time  for  which  he  shall  have 
been  elected,  remove  from  the  city,  or  shall  cease  to  be  a  freeholder 
in  said  city,  his  office  shall  be  vacated. 

§  4.  When  two  or  more  persons  shall  have  an  equal  number  of 
votes  for  mayor,  the  judges  of  election  shall  certify  the  same  to  the 
city  council,  who  shall  proceed  to  determine  the  same  by  lot,  in  such 
manner  as  may  be  provided  by  ordinance. 

§  5.  Wb  enever  an  election  of  mayor  shall  be  contested,  the  city 
Council  shall  determine  the  same,  in  such  manner  as  may  be  pre¬ 
scribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office  of  mayor, 
it  shall  be  filled  by  election. 

ARTICLE  4. 

OF  ELECTIONS. 

Sec.  1.  Annual  election  of  mayor  and  aldermen;  first  election  liow  con¬ 
ducted. 

2.  Resident  inhabitants  may  vote  for  city  officers  ;  votes  to  be  given- 
in  the  wards  where  the  elector  resides. 

SEC.  1.  On  the  third  Monday  of  April  next,  an  election  shall  bo 
held  in  each  ward  of  said  city,  for  one  mayor  ot  the  city,  two  aider- 
men  for  each  ward ;  and  forever  thereafter,  on  the  third  Monday  of 
April  of  each  year,  there  shall  be  an  election  hold  for  one  mayor  for 
the  city  and  one  alderman  for  each  ward.  The  first  election  for 
mayor  and  aldermen  shall  be  held,  conducted,  and  returns  thereof 
made,  as  may  be  provided  by  ordinance  of  the  present  trustees  of 
the  town  of  Quincy. 

§  2.  All  free  white  male  inhabitants  over  the  age  of  twenty^one 
years,  who  are  entitled  to  vote  for  state  officers,  and  who  shall  have 
been  actual  residents  of  said  city  ninety  days  next  preceding  said 
election,  shall  be  entitled  to  vote  for  city  officers ;  provided,  that 
said  voters  shall  give  their  votes  for  mayor  and  aldermen  in  th® 
wards  in  which  they  respectively  reside,  and  in  no  other;  and  that 


CITY  CHARTER. 


0 


no  vote  shall  be  received  at  any  of  said  elections,  unless  the  person 
offering  such  vote  shall  have  been  an  actual  resident  of  the  ward 
where  the  same  is  offered,  at  least  ten  days  next  preceding  such 
election. 

ARTICLE  5. 

OF  TIIE  LEGISLATIVE  POWERS  OF  TIIE  CITY  COUNCIL. 


£xc.  1.  Assessment  and  collection  of  taxes ;  limitation  thereof. 

2.  City  council  may  appoint,  certain  officers. 

8.  May  require  bonds  of  officers  and  oath  of  office  ;  regulate  common 
schools;  and  borrow  money,  subject  to  limitation. 

4.  Provide  for  paying  debts  of  the  city. 

5.  Make  quarantine  laws,  &c. 

6.  Establish  hospitals. 

7.  Regulate  health,  and  declare  nuisances.. 

8.  To  provide  for  watering  the  city. 

9.  Open  and  alter  streets,  &c. 

10.  Build  bridges,  &c. 

11.  Make  and  alter  wards. 

12.  Light  the  city. 

13.  Establish  a  night  watch, 

14.  Regulate  markets. 

15.  Erect  buildings  for  the  city. 

16.  Improve,  &e.,  public  grounds. 

17.  Improve  navigation  of  tlie  Mississippi, 

18.  Erect,  &c.,  wharves  and  docks. 

19.  Grant  licenses. 

20.  Regulate  carriages,  wagons,  carts  and  drays. 

21.  Regulate  porters. 

22.  License  shows. 

23.  Suppress  disorderly  houses. 

24.  Organize  fire  companies 

25.  Regulate  erection  of  wooden  buildings. 

26.  Regulate  chimneys. 

27.  Regulate  storage  of  gunpowder,  &c. 

28.  Regulate  parapet  walls  and  fences. 

29.  Regulate  weights  aud  measures. 

30.  Provide  for  measurement  of  lumber,  &c. 

31.  Provide  for  weight  of  hay,  &c. 

82.  Provide  for  inspection  of  tobacco. 

33.  Regulate  inspection  of  provisions. 

34.  Regulate  weight  of  bread. 

35.  Regulate  size  of  brick. 

36.  Provide  for  taking  census. 

37.  Regulate  elections. 

38.  Fix  compensation  of  jurors,  &c. 

39.  Regulate  the  police  ;  impose  and  recover  fines,  &c. 

40  Exclusive  powers. 

41.  Make  all  necessary  ordinances. 

42.  Style  of  ordinances. 

43.  Ordinances  when  to  take  effect. 

44.  Ordinances  when  evidence. 

Sec.  1.  The  city  council  shall  have  power  aud  authority  to  levy 
and  collect  taxes  upon  all  property,  real  and  personal,  within  th« 
limits  of  the  city,  not  exceeding  one-half  per  cent,  per  annum  upon 


6 


CITY  CHARTER. 


the  assessed  value  thereof,  and  may  enforce  the  payment  of  the  same 
in  any  manner  to  be  prescribed  by  ordinance,  not  repugnant  to  the 
constitution  of  the  United  States  and  of  this  state. 

§  2.  The  city  couucil  shall  have  power  to  appoint  a  clerk,  treas¬ 
urer,  assessor,  marshal,  supervisors  of  streets,  and  all  such  other 
officers  as  may  be  necessary. 

§  3.  The  city  council  shall  have  power  to  require  of  all  officers 
appointed  in  pursuance  of  this  charter,  bond  with  penalty  and  secu¬ 
rity  for  the  faithful  performance  of  their  respective  duties,  as  may 
be  deemed  expedient;  and  also  to  require  all  officers  appointed  as 
aforesaid,  to  take  an  oath  for  the  faithful  performance  of  the  duties 
of  their  respective  offices  before  entering  upon  the  discharge  of  the 
same;  to  establish,  support  and  regulate  common  schools;  to  borrow 
money  on  the  credit  of  the  city  ;  provided ,  that  no  sum  or  sums  of 
money  shall  be  borrowed  at  a  greater  interest  than  six  per  cent,  per 
annum,  nor  shall  the  interest  on  the  aggregate  of  all  the  sums  bor¬ 
rowed  and  outstanding,  ever  exceed  one-half  of  the  city  revenue 
arising  from  taxes  assessed  on  real  property  within  the  limits  of  the 
corporation, 

§  4.  To  appropriate  money,  and  provide  for  the  payment  of  the 
debt  and  expenses  of  the  city. 

§  5.  To  make  regulations  to  prevent  the  introduction  of  conta¬ 
gious  diseases  iuto  the  city,  and  to  make  quarantine  laws  for  that 
purpose,  and  enforce  the  same  within  five  miles  of  the  city. 

§  6.  To  establish  hospitals,  and  make  regulations  for  the  govern¬ 
ment  of  the  same. 

§  7.  To  make  regulations  to  secure  the  general  health  of  the 
inhabitants;  to  declare  what  shall  be  a  nuisance,  and  to  prevent 
and  remove  the  same. 

§  8.  To  provide  the  city  with  water ;  to  erect  hydrants  and  pumps 
in  the  streets  for  the  convenience  of  the  inhabitants. 

§  9.  To  open,  alter,  abolish,  widen,  extend,  establish,  grade,  pave, 
or  otherwise  improve  and  keep  in  repair,  streets,  lanes,  avenues  and 
alleys. 

§  10.  To  establish,  erect  and  keep  in  repair,  bridges. 

§  11.  To  divide  the  city  into  wards,  alter  the  boundaries  thereof, 
and  erect  additional  wards,  as  the  occasion  may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting  lamp  posts. 

§  13.  To  establish,  support  and  regulate  night  watches. 


CITY  CHARTER. 


7- 


§  14.  To  erect  market  houses,  establish  markets  and  market  places, 
and  provide  for  the  government  and  regulation  thereof. 

§  15.  To  provide  for  the  erection  of  all  needful  buildings  for  the 
use  of  the  city. 

§  16.  To  provide  for  inclosing,  improving  and  regulating  all  public 
grounds  belonging  to  the  city. 

§  17.  To  improve  and  preserve  the  navigation  of  the  Mississippi, 
within  the  limits  of  the  city. 

§  18.  To  erect,  repair  and  regulate  public  wharves  and  docks;  to 
regulate  the  erection  and  repair  of  private  wharves  and  the  rates  of 
wharfage  thereat. 

§  19.  To  license,  tax  and  regulate  auctioneers,  merchants  and 
retailers,  groceries,  taverns,  ordinaries,  hawkers,  pedlars,  brokers, 
pawn  brokers  and  money  changers. 

§  20.  To  license,  tax  and  regulate  hackney  carriages,  wagons,  carts 
and  drays ;  fix  the  rates  to  be  charged  for  the  carriage  of  persons, 
and  for  the  wagonage,  cartage  and  drayage  of  property. 

§  21.  To  license  and  regulate  porters,  and  fix  the  rate  of  porterage. 

§  22.  To  license,  tax  and  regulate  theatrical  and  other  exhibitions, 
shows  and  amusements. 

§  23.  To  tax,  restrain,  prohibit  and  suppress  tippling  houses,  dram 
shops,  gaming  houses,  bawdy,  and  other  disorderly  houses. 

§  24.  To  provide  for  the  prevention  and  extinguishment  of  fires, 
and  to  organize  and  establish  fire  companies. 

§  25.  To  regulate  or  prohibit  the  erection  of  wooden  buildings  in 
any  part  of  the  city. 

§  26.  To  regulate  the  fixing  of  chimneys,  and  fix  the  flues  thereof. 

§  27.  To  regulate  the  storage  of  gun-powder,  tar,  pitch,  rosin  and 
other  combustible  materials. 

§  28.  To  regulate  and  order  parapet  walls  and  partition  fences. 

§  29.  To  establish  standard  weights  and  measures,  and  regulate 
the  weights  and  measures  to  be  used  in  the  city,  in  all  cases,  not 
otherwise  provided  for  by  law. 

§  30.  To  provide  for  the  inspection  and  measurement  of  lumber 
and  other  building  materials,  and  for  the  measurement  of  all  kinds 
of  mechanical  work. 

§  31.  To  provide  for  the  inspection  and  weighing  of  hay  and  stone 
coal,  the  measuring  of  charcoal,  fire-wood,  and  other  fuel  to  be  sold 
or  used  within  the  city. 


s 


CITY  CHARTER. 

§  32.  To  provide  for  and  regulate  the  inspection  of  tobacco,  beef, 
pork,  flour,  meal,  and  whisky  in  barrels. 

§  33.  To  regulate  the  inspection  of  butt-er,  lard  and  other  pro¬ 
visions. 

§  34.  To  regulate  the  weight,  quality  and  price  of  bread  to  be 
sold  and  used  in  the  city. 

§  35.  To  regulate  the  size  of  brick  to  be  sold  or  used  in  the  city. 

§  36.  To  provide  for  taking  enumerations  of  the  inhabitants. of 
the  city. 

§  37.  To  regulate  the  election  of  city  officers,  and  provide  for 
removing  from  oflice  any  person  holding  an  oflice  created  by  ordi¬ 
nance. 

§  38.  To  fix  the  compensation  of  all  city  officers  and  regulate  the 
fees  of  jurors,  witnesses  and  others,  for  services  rendered  under  this 
act,  or  any  ordinance. 

§  39.  To  regulate  the  police  of  the  city;  to  impose  fines,  forfeit¬ 
ures  and  penalties  for  the  breach  of  any  ordinance,  and  provide  for 
the  recovery  and  appropriation  of  such  fines  and  forfeitures,  aud  the 
enforcement  of  such  penalties. 

§  40.  The  city  council  shall  have  exclusive  power  within  the  city, 
by  ordinance,  to  license,  regulate  and  restrain  the  keeping  of  ferries, 
and  to  suppress  and  restrain  billiard  tables. 

§  41.  The  city  council  shall  have  power  to  make  all  ordinances, 
which  shall  be  necessary  and  proper  for  carrying  into  execution  the 
powers  specified  in  this  act,  so  that  such  ordinances  be  not  repug¬ 
nant  to  nor  inconsistent  with  the  constitution  of  the  United  States, 
or  of  this  state. 

§  42.  The  style  of  the  ordinances  of  the  city  shall  be,  “Be  it 
ordained  by  the  city  council  of  the  city  of  Quincy.” 

§  43.  All  ordinances  passed  by  the  city  council  shall,  within  one 
month  after  they  shall  have  been  passed,  be  published  in  some  news¬ 
paper  published  in  the  city,  and  shall  not  be  in  force  until  they  shall 
have  been  published  as  aforesaid. 

§  44.  All  ordinances  of  the  city  may  be  proven  by  the  seal  of  the 
corporation,  and  when  printed  or  published  in  book  or  pamphlet 
form,  and  purporting  to  be  printed  and  published  by  authority  of 
the  corporation,  the  same  shall  be  received  in  evidence  in  all  courts 
imd  places  without  further  proof. 


CITY  CHARTER. 


ARTICLE  6. 


OP  THE  MAYOR. 

810.I.  Shall  have  the  casting  vote;  absence  of  mayor,  to  choosa  a 
chairman. 

2.  Special  meetings  ;  how  called. 

3.  Duties  of  mayor. 

4.  May  call  aid  to  suppress  riots ;  penalty  for  a  refusal  to  obey. 

6.  May  require  officers  ^0  exhibit  their  books. 

6.  Required  to  execute  all  ordinances. 

7.  Shall  be  commissioned  as  a  justice  of  the  peace;  powers  as  such. 

8.  Jurisdiction  of  mayor  acting  as  justice  of  the  peace;  his  fees. 

9.  Jurisdiction  in  quarantine  and  health  affairs. 

10.  Salary  to  be  fixed  by  ordinance. 

11.  May  be  indicted  for  violation  of  duty,  fined,  and,  on  conviction, 

removed  from  office. 

Sec.  1.  The  mayor  shall  preside  at  all  meetings  of  the  city  council, 
and  shall  have  a  casting  vote,  and  no  other.  In  case  of  non-attend¬ 
ance  of  the  mayor  at  any  meeting,  the  board  of  aldermen  shall 
appoint  one  of  their  own  members  chairman,  who  shall  preside  at 
that  meeting. 

§  2.  The  mayor,  or  any  two  aldermen,  may  call  special  meetings 
of  the  city  council. 

§  3.  The  mayor  shall  at  all  times  be  active  and  vigilant  in  enforc¬ 
ing  the  laws  and  ordinances  for  the  government  of  said  city;  he 
shall  inspect  the  conduct  of  all  subordinate  officers  of  said  city,  and 
cause  negligence  and  positive  violation  of  duty  to  be  presented  and 
punished ;  he  shall,  from  time  to  time,  communicate  to  the  aldermen 
such  information,  and  recommend  all  such  measures  as,  in  his  opinion, 
may  tend  to  the  improvement  of  the  finances,  the  police,  the  health, 
security,  comfort  and  ornament  of  the  city. 

§  4.  He  is  hereby  authorized  to  call  on  every  male  inhabitant  of 
said  city,  over  the  age  of  eighteen  years,  to  aid  in  the  enforcing  of 
the  laws  and  ordinances;  and  in  case  of  riot,  to  call  out  the  militia 
to  aid  him  in  suppressing  the  same,  or  in  carrying  into  effect  any 
law  or  ordinance ;  and  any  person  who  shall  not  obey  such  call,  shall 
forfeit  to  said  city  a  fine  not  exceeding  five  dollars, 

§  5.  He  shall  have  power,  whenever  he  may  deem  it  necessary,  to 
require  of  any  officer  of  said  city  an  exhibit  of  his  books  and  papers. 

§  6.  He  shall  have  power  to  execute  all  acts  that  may  be  required 
of  him  by  any  ordinance  made  in  pursuance  of  this  act. 

§  7.  He  shall  be  commissioned  by  the  governor  as  a  justice  of  the 
peace  for  said  city,  and  as  such,  shall  be  a  conservator  of  the  peace 

2 


10 


CITY  CHARTER, 


in  the  said  city,  and  shall  have  power  and  authority  to  administer 
oaths,  issue  writs  and  process  under  the  seal  of  the  city;  to  tako 
depositions,  and  acknowledgment  of  deeds,  mortgages  and  other 
instruments  of  writing,  and  certify  the  same  under  the  seal  of  the 
city,  which  shall  be  good  and  valid  in  law. 

§  8.  lie  shall  have  exclusive  jurisdiction  in  all  cases  arising  under 
the  ordinances  of  the  corporation,  and  concurrent  jurisdiction  with 
all  other  justices  of  the  peace  in  all  civil  and  criminal  cases  within 
the  limits  of  the  city,  arising  under  the  laws  of  the  state,  and  shall 
receive  the  same  fees  and  compensation  for  his  services  [as  other 
justices]  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be  vested  in 
him  by  ordinance  of  the  city,  in  and  over  all  places  within  five  miles 
of  the  boundaries  of  the  city,  for  the  purpose  of  enforcing  the  health 
and  quarantine  ordinances,  and  regulations  thereof. 

§  10.  And  he  shall  receive  for  his  services  such  salary  as  shall 
be  fixed  by  an  ordinance  of  the  city. 

§  11.  In  case  the  mayor  shall,  at  any  time,  be  guilty  of  a  palpable 
omission  of  duty,  or  shall  wilfully  and  corruptly  be  guilty  of  oppres¬ 
sion,  mal-conduct,  or  partiality  in  the  discharge  of  the  duties  of  his 
office,  he  shall  be  liable  to  be  indicted  in  the  circuit  court  of  Adams 
county,  and,  on  conviction,  he  shall  be  fined  not  more  than  two 
hundred  dollars,  and  the  court  shall  have  power,  on  the  recommend¬ 
ation  of  the  jury,  to  add  to  the  judgment  of  the  court,  that  he  b« 
removed  from  office. 

ARTICLE  7. 

A  PROCEEDINGS  IN  SPECIAL  CASES. 

Sec.  1.  Owner  of  private  property  taken  for  public  improvement  to  be 
compensated ;  mode  of  estimating  the  same. 

2.  Street  may  be  opened,  widened,  &c.,  by  petition  of  all  person* 

owning  land  thereon,  but  no  compensation  or  tax. 

3.  Jurors  assessing  damages  to  be  sworn. 

4.  Rules  of  assessment  cf  damages. 

5.  Decision  may  be  set  aside. 

6.  City  council  may  levy  a  special  tax  in  certain  cases. 

Seo.  1.  Whenever  it  shall  be  necessary  to  take  private  property 
for  opening,  widening  or  altering  any  public  street,  lane,  avenue  or 
alley,  the  corporation  shall  make  a  just  compensation  thereof  to  the 
person  whose  property  is  so  taken,  and  if  the  amount  of  such  com¬ 
pensation  cannot  be  agreed  on,  the  mayor  shall  cause  the  same  to  b® 
assessed  by  a  jury  of  six  disinterested  freeholders  of  the  city. 


C1TT  CHARTER. 


11 


§  2.  When  the  owners  of  all  the  property  on  the  street,  lane  or 
alley  proposed  to  be  opened,  widened  or  altered,  shall  petition  there¬ 
for,  the  city  council  may  open,  widen  or  alter  such  street,  lane, 
avenue  or  alley,  upon  conditions  to  be  prescribed  by  ordinance;  but 
no  compensation  shall  in  such  case  be  made  those  whose  property 
shall  be  taken  for  the  opening,  widening  or  altering  of  such  street, 
lane,  avenue  or  alley,  nor  shall  there  be  any  assessment  of  benefit  or 
damage  that  may  accrue  thereby  to  any  of  the  petitioners. 

§  3.  All  jurors  impanneled  to  inquire  into  the  amount  of  benefit 
or  damage  which  shall  happen  to  the  owners  of  property  proposed 
to  be  taken  for  opening,  widening  or  altering  any  street,  lane  or 
alley,  shall  be  first  sworn  to  that  effect,  and  shall  return  to  the 
mayor  their  inquest  in  writing,  signed  by  each  juror. 

§  4.  In  assessing  the  amount  of  compensation  for  property  taken 
for  opening  or  widening  or  altering  any  street,  lane,  avenue  or  alley, 
the  jury  shall  take  into  consideration  the  benefit  as  well  as  the  injury 
happening  by  such  opening,  widening  or  altering  such  street,  lane, 
avenue  or  alley. 

§  5.  The  mayor  shall  have  power,  for  good  cause  shown,  within 
ten  days  after  any  inquest  shall  have  been  returned  to  him,  as  afore¬ 
said,  to  set  the  same  aside,  and  cause  a  new  inquest  to  be  made. 

§  6.  The  city  council  shall  have  power,  by  ordinance,  to  levy  and 
collect  a  special  tax  on  the  holders  of  the  lots  in  any  street,  lane, 
avenue  or  alley,  or  part  of  any  street,  lane,  avenue  or  alley,  according 
to  their  respective  fronts,  owned  by  them,  for  the  purpose  of  paving 
and  grading  the  sidewalks,  and  lighting  such  street,  lane,  avenue  or 
alley. 

ARTICLE  8. 

MISCELLANEOUS  PROVISIONS. 

Bit.  1.  Inhabitants  of  Quincy  not  to  labor  on  roads  out  of  the  city,  or 
pay  county  tax  except  for  jail  in  Quincy.  See  amendment  t# 
charter,  section  8. 

2.  City  streets  to  be  made  by  labor  of  male  inhabitants  ;  fine  for 
neglecting  or  refusing  to  labor. 

5.  Offenders  may  be  punished  by  imprisonment. 

4.  Annual  statements  of  receipts  and  expenditures  to  be  published. 

6.  Ordinances  of  town  of  Quincy  in  force  until  repealed. 

(5.  Suits,  how  brought. 

7.  Fines,  &c.,  accruing  to  trustees  of  town  of  Quincy,  to  be  vested 

in  the  city. 

8.  Property  to  be  invested  in  the  city. 

0.  Charter  not  to  invalidate  any  act  of  trustees. 


12 


CITY  CHARTER. 


10.  Trustees  to  promulgate  this  act;  call  election  ef  officer*  by  pub¬ 

lication  of  notice,  &c. 

11.  Appeals  from  decisions  under  ordinances  allowed. 

12.  Vacancy  in  the  office  of  mayor  ;  how  to  be  supplied. 

13.  Charter  declared  a  publie  act. 

14.  Certain  acts  repealed. 

15.  City  marshal  authorized  to  execute  writs  and  other  process  issued 

by  the  mayor  in  Adams  county;  his  fees. 

16.  Election  for  adoption  of  this  charter;  if  majority  should  b© 

against  the  adoption,  charter  to  be  void. 

Sec.  1.  The  inhabitants  of  the  city  of  Quincy  are  hereby  exempted 
from  working  on  any  road  beyond  the  limits  of  the  city,  and  from 
paying  any  tax  to  procure  laborers  to  work  upon  the  same;  and  from 
any  tax  for  county  purposes,  except  for  the  completion  of  the  county 
jail,  now  being  erected  in  said  city. 

§  2.  The  city  council  shall  have  power,  for  the  purpose  of  keeping 
the  streets,  lanes,  avenues  and  alleys  in  repair,  to  require  every  male 
inhabitant  in  said  city,  over  twenty-one  years  of  age,  to  labor  on  said 
streets,  lanes,  avenues  and  alleys,  not  exceeding  three  days  in  each 
and  every  year;  and  any  person  failing  to  perform  such  labor,  when 
duly  notified  by  the  supervisor,  shall  forfeit  and  pay  the  sum  of  on© 
dollar  per  day,  for  each  day  so  neglected  or  refused. 

§  3.  The  city  council  shall  have  power  to  provide  for  the  punish¬ 
ment  of  offenders,  by  imprisonment  in  the  county  or  city  jail,  in  all 
cases  where  such  offenders  shall  fail  or  refuse  to  pay  the  fines  and 
forfeitures  which  may  be  recovered  against  them. 

§  4.  The  city  council  shall  cause  to  be  published  annually  a  full 
and  complete  statement  of  all  moneys  received  and  .expended  by  th© 
corporation  during  the  preceding  year,  and  on  what  account  received 
and  expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the  president  and 
trustees  of  the  town  of  Quincy  shall  remain  in  force  until  the  same 
shall  have  been  repealed  by  the  city  council  hereby  created. 

§  6.  All  suits,  actions  and  prosecutions  instituted,  commenced,  or 
brought  by  the  corporation  hereby  created,  shall  be  instituted,  com¬ 
menced  and  prosecuted  in  the  name  of  the  city  of  Quincy. 

§  7.  All  actions,  fines  and  forfeitures  which  have  accrued  to  the 
president  and  trustees  of  the  town  of  Quincy  shall  be  vested  in  and 
presented  by  the  corporation  hereby  created. 

§  8.  All  property,  real  and  personal,  heretofore  belonging  to  “the 
president  and  trustees  of  the  town  of  Quincy,”  for  the  use  of  the 


C1TT  CHARTER.  IS 

inhabitants  of  said  town,  shall  be  and  the  same  is  hereby  declared 
to  be  vested  in  the  corporation  hereby  created. 

§  9.  This  charter  shall  not  invalidate  any  act  done  by  “the  presi¬ 
dent  and  trustees  of  the  town  of  Quincy,”  nor  divest  them  of  any 
right  which  may  have  accrued  to  them  prior  to  the  passage  of  this 
act. 

§  10.  “The  president  and  trustees  of  the  town  of  Quincy”  shall, 
immediately  after  the  passage  of  this  act,  take  measures  to  promul¬ 
gate  this  law  within  the  limits  of  the  city  of  Quincy,  and  issue  their 
proclamation  for  the  election  of  officers,  and  cause  the  same  to  bo 
published  in  all  the  newspapers  in  said  city,  for  four  weeks  in  suc¬ 
cession,  prior  to  the  day  of  election  for  said  city  officers. 

§  11.  Appeals  shall  be  allowed  from  all  decisions  in  all  cases 
arising  under  the  provisions  of  this  act,  or  any  ordinance  passed  in 
pursuance  thereof,  to  the  circuit  court  of  Adams  county;  and  every 
such  appeal  shall  be  taken  and  granted  in  the  same  manner  and  with 
like  effect  as  appeals  are  taken  from  and  granted  by  justices  of  the 
peace  to  the  court,  under  the  laws  of  this  state. 

§  12.  Whenever  the  mayor  shall  absent  himself  from  the  city,  or 
shall  resign,  or  die,  or  his  office  shall  be  otherwise  vacated,  the  board 
of  aldermen  shall  immediately  proceed  to  elect  one  of  their  number 
president,  who  shall  be  mayor  pro  tern. 

§  13.  This  act  is  hereby  declared  to  be  a  public  act,  and  may  be 
read  in  evidence  in  all  courts  of  law  and  equity  in  this  state  without 
proof. 

§  14.  All  acts,  or  parts  of  acts,  coming  within  the  provisions  of 
this  charter,  that  are  contrary  to  or  inconsistent  with  its  provisions, 
are  hereby  repealed. 

§  15.  The  city  marshal,  or  any  other  officer  authorized  to  execute 
writs  or  other  process  issued  by  the  mayor,  shall  have  power  to  exe¬ 
cute  the  same  anywhere  within  the  limits  of  Adams  county,  and 
shall  be  entitled  to  the  same  fees  for  traveling  as  are  allowed  to 
constables  in  similar  cases. 

§  16.  The  president  and  trustees  of  the  town  of  Quincy  shall 
cause  an  election  to  be  held  in  said  town,  on  the  third  Wednesday 
in  March  next,  at  which  the  inhabitants  of  said  town  who  are 
authorized  to  vote  for  state  officers,  shall  vote  for  or  against  the 
adoption  of  this  charter;  and  if  a  majority  of  the  votes  given  afc 
such  election  shall  be  in  favor  of  the  adoption  of  said  charter,  then 


14 


CITY  CHARTER. 


it  shall  immediately  take  effect  as  a  law;  but  if  a  majority  of  th® 
votes  given  shall  be  against  the  adoption  of  said  charter,  then  this 
act  to  be  of  no  effect. 

NEWTON  CLOUD, 

Speaker  of  the  House  of  Representatives ,  pro  tern. 

S.  H.  ANDERSON, 

Speaker  of  the  Senate. 

Approved  by  the  council,  Feb.  S,  1840. 

THOS.  CARLIN. 


TOWNS  AND  CITIES. 


AN  ACT  to  incorporate  towns  and  cities. 

Sec.  1.  Persons  committed  to  jail  required  to  work  ©a  reads, 

2.  May  declare  what  shall  be  a  nuisance. 

3.  To  pave,  grade,  &c. 

4.  Powers  to  towns  the  same  as  given  to  cities. 

6.  Inhabitants  of  town  may  form  a  city. 

6.  Powers  and  duties. 

7.  Boundaries. 

8.  May  purchase  grounds. 

9.  Taxes. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 

Assembly : 

Sec.  1.  That  any  incorporated  town  or  city  in  this  state  may  have 
power  to  provide  by  ordinance  that  every  person  against  whom  any 
judgment  may  hereafter  be  recovered  in  favor  of  said  town  or  city, 
for  a  penalty  or  fine  for  a  breach  of  any  ordinance,  instead  of  being 
committed  to  jail,  may  be  required  to  labor  on  the  streets  until  the 
whole  fine  and  costs  shall  be  paid,  at  the  same  rate  per  day  as  may 
be  allowed  as  a  forfeiture  for  a  failure  to  perform  street  labor  under 
the  direction  of  the  street  commissioner. 

§  2.  The  corporate  authorities  of  any  city  or  town  in  this  state 
may  have  power  to  declare  what  shall  be  a  nuisance,  and  to  prevent 
and  remove  the  same  as  much  as  '■one-half  mile  beyond  the  limits  of 
the  corporation,  with  full  power  to  impose  a  fine  for  a  violation  of 
any  ordinance  to  that  effect. 

§  3.  Whenever  it  may  be  necessary  to  pave  or  grade  any  street  or 
front  lots,  or  to  fill  up  or  alter  any  lot  that  may  be  declared  to  be  a 
nuisance,  said  corporate  authorities  may  have  power,  upon  the  failure 
of  the  owner  of  any  lot  to  pave,  grade  or  fill  up  said  lot,  or  to  pay 
the  taxes  or  fine  that  may  be  assessed  on  the  owner  or  owners  thereof, 
to  require  that  said  lot,  or  so  much  thereof  as  may  be  necessary,  shall 
be  sold  for  the  payment  of  the  tax  or  fine  and  cost,  in  the  manner 
authorized  for  the  collection  of  other  taxes;  and  all  assessments  so 
made  shall  constitute  a  lien  on  said  lot. 


16 


TOWNS  AND  CITIES. 


§  4.  The  corporate  authorities  of  all  towns  and  cities  incorporated 
fcnder  chapter  twentj'-five,  entitled  “corporations/'  of  the  revised 
code,  or  under  any  special  act,  shall  have  power  to  pass  all  the  ordi¬ 
nances  and  by-laws,  and  possess  all  the  powers  authorized  under  the 
laws  and  amendatory  acts  incorporating  either  of  the  cities  of  Spring- 
field  or  Quincy ;  provided ,  that  towns  containing  a  population  of  less 
than  fifteen  hundred  white  inhabitants,  shall  have  no  other  officers 
or  allow  any  other  compensation  than  is  allowed  under  chapter  25th 
of  the  revised  code,  unless  expressly  authorized  by  law. 

§  5.  The  inhabitants  of  any  town  containing  a  population  of  not 
less  than  fifteen  hundred  inhabitants,  may  be  incorporated  by  the 

name  and  style  of  the  “city  of - ”  when  a  majority  of  the 

legal  voters  thereof  shall  vote  in  favor  of  being  incorporated  as  a 
city,  at  an  election  to  be  held  at  the  court-house,  notice  being  given 
by  being  published  for  two  weeks  in  succession  in  any  newspaper 
published  in  said  town,  by  the  president  and  trustees  of  said  town, 
or  by  giving  such  notice  as  may  be  prescribed  under  an  ordinance 
passed  by  the  president  and  trustees  of  said  town. 

§  6.  All  the  articles  and  provisions  in  either  of  the  acts  incorpo¬ 
rating  Quincy  or  Springfield,  prescribing  the  duties  of  the  president 
and  trustees,  ordering  an  election  of  city  officers,  prescribing  the 
powers  of  the  city,  of  the  city  council,  executive  officers,  elections, 
legislative  powers  of  the  city  council,  of  the  mayor,  proceedings  in 
special  cases,  and  miscellaneous  provisions,  shall  be  the  rule  by 
which  the  corporate  authorities  of  any  city  incorporated  under  the 
provisions  of  this  act  shall  be  governed ;  provided,  no  city  incorpo¬ 
rated  under  this  act  shall  be  exempt  from  the  payment  of  a  county 
tax,  nor  be  required  to  support  the  paupers. 

§  7.  The  boundaries  of  any  city  incorporated  under  this  act  may 
include  one  mile  square,  and  any  tract  of  land  adjoining  laid  off  into 
town  lots  and  duly  recorded  as  required  by  law,  and  any  tract  of  land 
adjoining  said  city,  with  the  consent  of  the  owner  thereof,  within 
the  limits  of  one-half  mile  from  the  boundary  of  said  city. 

§  8.  The  inhabitants  of  any  town  or  city,  in  the  corporate  name, 
may  purchase,  receive  and  hold  real  estate  beyond  the  limits  as  [of] 
their  corporate  limits  for  the  purpose  of  burying  grounds. 

§  9.  Whenever  the  corporate  authorities  of  any  town  or  city  may 
wish  to  have  the  taxes,  authorized  to  be  levied  under  and  by  virtue 
©f  their  respective  charters,  or  under  the  general  act,  upon  filing  a 


TOWNS  AND  CITIES. 


17 


certificate  of  the  rate  authorized  under  the  authority  of  the  said 
corporation,  in  the  office  of  the  clerk  of  the  county  court,  it  shall  be 
the  duty  of  the  collector  of  taxes  for  the  state  and  county  to  collect 
the  taxes  for  said  town  or  city  upon  the  assessment  of  the  value  of 
all  the  property  within  the  limits  of  said  corporation,  as  ascertained 
by  the  assessment  for  state  and  county  purposes,  and  enforce  the 
payment  thereof  in  the  same  manner,  and  with  all  the  rights,  power 
and  authority  as  he  has  to  collect  the  state  and  county  taxes,  and 
shall  pay  the  same  over  to  the  order  of  the  corporate  authorities  at 
the  same  time  he  is  required  to  pay  over  the  county  revenue  ;  and 
the  court  of  the  proper  county  shall  render  judgment  and  order  sale 
of  any  lot  or  tract  for  the  non-payment  of  the  tax  and  cost  due  said 
town  or  city,  as  is  or  may  be  provided  for  state  and  county  taxes ; 
and  judgment  and  sale  shall  be  rendered  for  the  aggregate  amount 
due  for  county,  state  and  town,  or  city  taxes.  The  collector  shall 
receive  the  same  compensation  for  collecting  the  taxes  for  any  town 
or  city  as  is  allowed  for  the  collection  of  the  state  and  county  reve¬ 
nue,  to  be  paid  out  of  the  funds  of  the  corporation ;  and  he  shall  bo 
liable  on  his  bond  for  the  faithful  performance  of  the  duties  required 
under  this  act. 

§  10.  This  act  to  take  effect  from  and  after  its  passage. 

Approved  February  10,  1849. 


AN  ACT  for  the  better  government  of  towns  and  cities,  and  to  amend  the 
charters  thereof. 

Sec.  1.  Inferior  courts. 

2.  Number  of  magistrates. 

3.  Commissioned,  &c.;  proviso. 

4.  Rules  of  practice. 

5.  Marshal  and  constables. 

6.  Appeals. 

Be  it  enacted  by  thepeople  of  the  State  of  Illinois,  represented  in  the  General 
Assembly : 

Sec.  1.  That  there  shall  be  established  in  each  of  the  cities  of 
this  state,  inferior  courts  of  civil  and  criminal  jurisdiction,  which 
shall  [be]  called  police  magistrates’  courts. 

§  2.  That  there  shall  be  elected  in'  each  of  the  incorporated  towns 
and  cities  of  this  state,  the  population  of  which  shall  not  exceed  six 
thousand,  an  officer  who  shall  be  styled  police  magistrate  of  the  city 
of » - * - ,  or  town  of - ,  as  the  case  maybe;  in  each  city 


3 


18 


TOWNS  AND  CITIES. 


of  this  state  having  a  population  of  over  six  thousand  and  not  exceed¬ 
ing  twelve  thousand,  there  shall  be  elected  two  police  magistrates; 
and  in  the  cities  of  this  state  whose  population  shall  exceed  twelve 
thousand,  there  shall  be  elected  three  police  magistrates.  Said 
magistrates  shall  be  elected  by  the  legal  voters  of  such  city  or  town 
at  the  next  regular  election  for  city  or  town  officers,  and  every  four 
years  thereafter. 

§  3.  Said  police  magistrates,  when  elected,  shall  be  commissioned 
and  qualified  in  the  same  manner  as  justices  of  the  peace  are,  and 
shall  have  in  their  respective  counties  the  same  jurisdiction,  powers 
and  emoluments  as  other  justices  of  the  peace  in  this  state;  and  they 
shall  also  have  jurisdiction  in  all  cases  arising  under  the  ordinances 
of  their  respective  towns  and  cities,  and  for  any  breaches  thereof, 
where  the  amount  claimed  shall  not  exceed  one  hundred  dollars ;  and 
in  all  cases  arising  under  the  ordinances  of  towns  and  cities,  said 
magistrates  shall  be  entitled  to  the  same  fees  as  justices  of  the  peace 
now  are  for  similar  services,  and  to  be  collected  in  the  same  manner; 
provided ,  the  city  or  town  authorities  of  any  such  town  or  city  may 
make  such  additional  allowance  to  such  police  magistrates  as  they 
may  deem  just  and  expedient;  and  in  all  cases  arising  under  the  or¬ 
dinances  of  any  such  town  or  city,  change  of  venue  shall  be  allowed 
from  one  police  magistrate  to  another,  in  cities  where  there  is  more 
than  one  such  magistrate,  and  in  all  other  towns  and  cities  from  such 
police  magistrate  to  the  nearest  justice  of  the  peace,  to  be  applied 
for  in  the  same  manner,  and  granted  on  the  same  conditions  and  in 
the  same  manner  as  changes  of  venue  from  justices  of  the  peace  now 
are. 

§  4.  The  rules  of  practice  and  proceeding  before  such  police 
magistrate  shall  conform  to  the  practice  and  proceeding  before 
justices  of  the  peace,  except  in  cases  wdiere  such  rules  of  practice 
and  proceeding  shall  be  changed  or  modified  by  the  charter  of  such 
town  or  city;  in  which  case  such  rules  of  practice  and  proceeding 
shall  conform  to  the  said  charters. 

§  5.  The  city  marshals  of  such  towns  or  cities,  and  all  constables 
of  the  county  in  which  said  town  or  city  may  be  situated,  and  all  the 
town  or  police  constables  of  such  towns  or  cities  respectively,  shall 
be  and  are  hereby  authorized  to  execute  all  process  and  orders  issued 
or  made  by  said  police  magistrates  in  their  respective  counties. 

§  6.  Appeals  shall  be  allowed  from  the  decisions  of  police  magis- 


TOWNS  AND  CITIES. 


19 


trates  in  all  eases,  to  be  applied  for  and  taken  in  the  same  manner 
that  appeals  from  justices  of  peace  may  be  taken, 

§  7.  This  act  to  take  effect  and  be  iu  force  from  and  after  its 
passage. 

Approved  February  27,  1854. 


AN  ACT  to  amend  “An  act  to  incorporate  the  city  of  Quincy/’ 

Sec.  1.  Part  of  third  section  of  act  repealed:  qualifications  of  electors. 

2.  Part  of  second  section  repealed;  qualifications  for  voters. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  so  much  of  third  section  of  article  second,  and 
section  second  of  article  third,  of  the  act  to  which  this  is  an 
amendment,  as  requires  the  mayor  and  aldermen  of  said  city  to  be 
citizens  of  the  United  States,  be  and  the  same  is  hereby  repealed; 
and  hereafter  every  inhabitant  of  said  city  who  is  entitled  to  vote 
for  state  officers,  and  who  has  the  requisite  length  of  residence 
according  to  the  act  to  which  this  is  an  amendment,  shall  be  eligible 
to  the  office  of  mayor  or  alderman  of  said  city. 

§  2.  That  so  much  of  section  second  of  article  fourth  of  the  act 
to  which  this  is  an  amendment,  as  requires  persons  to  be  citizens  of 
the  United  States  to  be  entitled  to  vote  for  city  officers,  be  and  the 
same  is  hereby  repealed,  and  hereafter  every  inhabitant  of  said  city 
who  is  entitled  to  vote  for  state  officers,  and  who  has  the  other 
requisite  qualifications  mentioned  in  said  section,  shall  be  entitled 
to  vote  for  city  officers. 

Approved  February  27,  1841. 


AN  ACT  to  prevent  cities  and  towns  from  issuing  warrants  to  circulate  as 
money. 

Sec.  1.  Cities  and  towns  to  draw  but  one  warrant  for  a  debt  due  to  one 
person. 

2.  Warrants  to  be  drawn  only  in  favo-r  of  the  person  to  whom  due. 

3.  Not  to  be  paid  unless  presented  by  the  person  to  whom  issued. 

4.  Penalty  for  violation  of  this  law. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 
Assembly: 

Sec.  1.  That  in  ail  cases  where  any  city  or  town  in  this  state  shall 
be  indebted  to  any  person  or  persons,  on  any  account  whatsoever, 


20 


TOWNS  AND  CITIES. 


a  warrant  or  voucher  shall  be  drawn  on  the  treasurer  of  such  city 
or  town  for  the  whole  amount  found  due  to  such  person  by  the 
tribunal  having  power  to  audit  and  allow  claims  against  such  city 
or  town;  and  such  tribunal  shall  not  in  any  case  draw  more  than 
one  warrant  or  voucher  for  the  amount  allowed  to  one  individual  at 
one  time. 

§  2.  No  warrant  or  voucher  drawn  on  the  treasurer  ©f  any  city  or 
town  shall  be  drawn  in  favor  of  any  other  person  than  the  one  to 
whom  the  same  may  he  due,  and  such  warrant  or  voucher  may  be 
in  the  form  now  prescribed  by  law. 

§  3.  No  treasurer  of  any  city  or  town  in  this  state  shall  pay  any 
warrant  or  voucher  drawn  on  him,  unless  such  warrant  be  presented 
for  payment  by  the  person  in  whose  favor  such  warrant  is  drawn, 
or  his  assignee  or  executor  or  administrator. 

§  4.  Any  officer  or  officers  of  any  town  or  city  that  shall  be  guilty 
of  violating  the  provisions  of  the  [this]  act,  shall  be  deemed  guilty 
of  a  misdemeanor  in  office;  and  for  every  such  violation  shall  be 
fined  in  a  sum  not  exceeding  five  hundred  dollars,  to  be  recovered 
by  indictment. 

§  5.  Nothing  in  this  act  shall  be  so  construed  as  to  prevent  the 
treasurer  of  any  city  or  town  from  paying  any  warrant  or  voucher 
that  may  have  been  drawn  on  him  prior  to  the  passage  of  this  act. 
Approved  March  4,  1843. 


AN  ACT  supplemental  to  an  act  entitled  “An  act  to  provide  for  a  general 
system  of  railroad  incorporations.” 

Sec.  1.  Stock  may  be  subscribed. 

2.  May  borrow  money;  bonds  may  be  issued. 

3.  Bonds  receivable. 

4.  Vote  to  be  taken  ;  notice. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  whenever  the  citizens  of  any  city  or  county  in  this 
state  are  desirous  that  said  city  or  county  shall  subscribe  for  stock  in 
any  railroad  company  already  organized  or  incorporated,  or  hereafter 
to  be  organized  or  incorporated  under  any  law  of  this  state,  such  city 
or  county  may  and  are  hereby  authorized  to  purchase  or  subscribe 
for  shares  of  the  capital  stock  in  any  such  company,  in  any  sum  not 
exceeding  one  hundred  thousand  dollars  for  each  of  such  cities  or 


TOWNS  AND  CITIES. 


21 


counties ;  and  the  stock  so  subscribed  for  or  purchased  shall  be 
under  the  control  of  the  county  couit  of  the  county,  or  the  common 
council  of  the  city  making  such  subscription  or  purchase,  in  all 
respects  as  stock  owned  by  individuals. 

§  2.  That  for  the  payment  of  said  stock,  the  judges  of  the  county 
court  of  the  county  or  the  common  council  of  the  city  making  such 
subscription  or  purchase,  are  hereby  authorized  to  borrow  money  at 
a  rate  not  exceeding  ten  per  cent,  per  annum,  and  to  pledge  the  faith 
of  the  county  or  city  for  the  annual  payment  of  the  interest  and  the 
ultimate  redemption  of  the  principal;  or,  if  the  said  judges  or  com¬ 
mon  council  should  deem  it  most  advisable,  they  are  hereby  author¬ 
ized  to  pay  for  such  subscription  or  purchase  in  bonds  of  the  city  or 
county  making  subscription,  to  be  drawn  for  that  purchase,  in  sums- 
not  less  than  fifty  dollars,  bearing  interest  not  exceeding  ten  per 
cent,  per  annum;  provided,  that  no  bond  shall  be  paid  out  at  a  rate 
less  than  par  value. 

§  3.  The  railroad  companies  already  organized  or  incorporated,  or 
hereafter  to  be  organized  or  incorporated  under  the  laws  of  this 
state,  are  hereby  authorized  to  receive  the  bonds  of  any  county  or 
city  becoming  subscribers  to  the  capital  stock  of  such  company, 
at  par,  and  in  lieu  of  cash,  and  to  issue  their  bonds,  bearing  interest 
not  exceeding  ten  per  centum  per  annum,  for  any  moneys  by  them 
borrowed  for  the  construction  of  their  railroad  and  fixtures,  or  for 
the  purchase  of  engines  and  cars;  and  for  such  purpose  may  dispose 
of  any  bonds  by  them  received  as  aforesaid. 

§  4.  No  subscription  shall  be  made  or  purchase  or  bond  issued  by 
any  county  or  city,  under  the  provisions  of  this  act,  whereby  any 
debt  shall  be  created  by  said  judges  of  the  county  court  of  any 
county,  or  by  the  common  council  of  any  city,  to  pay  any  such  sub¬ 
scription,  unless  a  majority  of  the  qualified  voters  of  such  county  or 
city  (taking  as  a  standard  the  number  of  votes  thrown  at  the  last 
general  election  previous  to  the  vote  had  upon  the  question  under 
this  act  for  county  officers)  shall  vote  for  the  same;  and  the  judges 
of  the  county  court  of  any  county,  or  the  common  council  of  any 
city,  desiring  to  take  stock  as  aforesaid,  shall  give  at  least  thirty 
days’  notice,  in  the  same  manner  as  notices  are  given  for  election  of 
state  and  county  officers  in  said  counties,  requiring  said  electors  of 
said  counties  or  said  cities  to  vote  upon  the  day  named  in  such 
notices,  at  their  uaual  place  of  voting,  for  or  against  the  subscription 


TOWNS  AND  CITIES. 


90 

su 

for  said  capital  stock  which  they  may  propose  to  make ;  aud  said 
notices  shall  specify  the  company  in  which  stock  is  proposed  to  he 
subscribed,  the  amount  which  it  is  proposed  to  take,  and  the  time 
which  the  bonds  proposed  to  be  issued  are  to  run,  and  the  interest 
which  said  bonds  are  to  bear;  or  in  case  it  is  proposed  to  borrow 
money  to  pay  such  subscription,  then  the  notices  shall  state  the 
terms  upon  which  such  loan  is  to  be  effected;  and  the  opinion  of 
the  electors  shall  be  expressed  upon  their  ballots  “for  subscription,” 
or  “against  subscription,”  and  counted  and  returned  by  the  judges 
and  clerks  of  elections  as  in  other  cases  ;  and  if  a  majority  of  the 
voters  of  said  county  or  city,  assuming  the  standard  aforesaid,  shall 
be  in  favor  of  the  same,  such  authorized  subscription  or  purchase, 
or  any  part  thereof,  shall  then  be  made  by  said  judges  or  common 
council.  In  case  any  election  had  under  this  act  is  held  upon  a  day 
of  a  general  election,  then  the  number  of  votes  thrown  at  such  gen¬ 
eral  election  for  county  officers  shall  be  the  standard  of  the  number 
of  qualified  voters  as  aforesaid.  No  bonds  shall  be  issued  under  the 
provisions  of  this  act  by  any  county  or  city,  excepting  for  the 
amounts  required  to  be  paid  at  the  time  of  subscription,  and  for  the 
amounts  of  aud  at  the  time  when  assessments  upon  all  the  stock¬ 
holders  of  the  said  company  shall  be  regularly  assessed  and  made 
payable. 

§  5.  This  act  shall  take  effect  from  and  after  its  passage. 

Approved  November  6,  1849. 


AN  ACT  to  facilitate  the  construction  of  railroads. 

Sec.  1.  Bonds  of  cities  and  counties. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  any  city  or  county  in  this  state  which,  under  the 
provisions  of  an  act  entitled  “An  act  supplemental  to  an  act  entitled 
‘An  act  to  provide  for  a  general  system  of  railroad  incorporations/ 
approved  November  5th,  1849,”  has  heretofore  subscribed  or  may 
hereafter  subscribe  for  stock  in  any  railroad  company,  payable  in 
the  bonds  of  said  city  or  county,  it  shall  be  lawful  for  the  city  coun¬ 
cil  of  such  city,  or  the  judges  of  such  county,  and  they  are  hereby 
authorized  and  empowered,  to  issue  and  deliver  to  such  railroad 
company  the  whole  or  any  portion  of  the  bonds  of  such  city  or 


TOWNS  AND  CITIES. 


23 


county,  payable  on  such  subscription,  at  any  time  hereafter,  when, 
in  their  opinion,  the  interest  of  such  city  or  county  will  be  promoted 
thereby,  whether  the  assessments  upon  the  stockholders  of  said 
company  have  been  regularly  assessed  and  made  payable  or  not. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  1st,  1854. 


AN  ACT  to  amend  the  charter  of  the  Illinois  River  Railroad  Company. 

Sec.  16.  The  votes  taken  in  the  counties  of  Morgan  and  Mason 
and  the  city  of  Pekin,  for  subscribing  stock  to  said  railroad  company, 
are  hereby  declared  to  have  been  legally  made  and  taken  ;  and  stock 
shall  be  subscribed  by  the  county  courts  of  said  counties  and  the 
proper  authority  of  the  city,  in  pursuance  of  the  orders  under  which 
said  votes  were  taken ;  and  bonds  shall  be  issued  for  said  subscrip¬ 
tions  accordingly. 

Approved  January  29,  1857. 


AN  ACT  authorizing  incorporated  cities  to  change,  alter  and  vacate  streets 
or  parts  of  streets. 

Sec.  1.  Corporate  authorities,  power  of. 

2.  Damages  assessed. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 

Assembly : 

Sec.  1.  That  when  the  corporate  authorities  of  any  city  may  deem 
it  for  the  best  interest  of  their  respective  cities  that  any  street  or 
part  of  a  street  shall  be  changed,  altered  or  vacated,  said  authorities 
shall  have  power,  upon  the  petition  of  the  property  holders  owning 
property  on  such  street  or  part  of  street,  to  change,  alter  or  vacate 
the  same,  and  to  convey,  by  quit-claim  deed,  all  interest  which  said 
city  may  have  had  in  said  street  or  part  of  street  so  vacated,  to  the 
owner  or  owners  of  lots  and  lands  next  to  and  adjoining  the  same, 
upon  the  payment  by  such  owner  or  owners  of  all  assessments  which 
may  be  made  against  their  lots  or  lands,  for  and  on  account  of  bene¬ 
fits  to  the  same  arising  from  such  change,  alteration  and  vacation  of 
any  street  or  part  of  street  as  aforesaid. 

§  2.  The  benefits  and  damages  caused  by  changing,  altering  or 


24 


TOWNS  AND  CITIES. 


vacating  any  street  or  part  of  street  as  aforesaid,  shall  be  assessed 
and  determined  in  the  manner  pointed  out  by  the  act  incorporating 
such  city,  or  by  the  ordinances  thereof  in  other  cases. 

Approved  February  15, 1851. 


AN  ACT  to  amend  the  charters  of  the  several  towns  and  cities  in  this  state. 

Sec.  1.  Collector  to  collect  delinquent  tax;  publication;  county  court  to 
render  judgment ;  issue  precept*. 

2.  Assessments  for  improving  side-walks;  apply  to  county  courts ; 
issue  precept  to  sheriff ;  corporate  authorities. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  Genervl 

Assembly : 

Sec.  1.  That  in  all  cases  where  taxes  assessed  on  real  estate  by 
the  corporate  authorities  of  any  city  or  town  in  this  state,  except  in 
the  city  of  Chicago,  are  not  paid  within  the  time  fixed  by  the  cor¬ 
porate  authorities  of  any  such  city  or  town,  it  shall  be  lawful  for  the 
collector  of  any  such  city  or  town,  after  giving  notice  of  such  appli¬ 
cation  by  advertisement  at  least  thirty  days  previously  to  such 
application,  in  some  newspaper  published  in  said  town  or  city,  or  if 
no  newspaper  should  be  published  in  said  town  or  city,  then  by 
posting  up  printed  or  written  notices  of  such  intended  application 
in  at  least  four  of  the  most  public  places  in  such  town  or  city,  to 
apply  to  the  county  court  of  the  county  in  which  such  delinquent 
real  estate  may  be  situated,  and  cause  judgment  to  be  entered 
against  such  delinquent  real  estate  for  the  amount  of  taxes  due  and 
unpaid,  and  costs.  And  the  said  county  court  shall  proceed  to  hear 
and  determine  said  application,  and  render  judgment  against  said 
delinquent  real  estate  in  the  same  manner,  and  said  judgment  shall 
have  the  like  effect,  as  though  said  delinquent  list  had  been  returned 
to  the  county  court  by  the  sheriff  or  collector  of  the  county,  in  the 
collection  of  state  and  county  taxes.  And  the  county  court  shall 
issue  its  precept  or  order  to  the  collector  of  said  city  or  town, 
directing  him  to  sell  said  real  estate  at  public  auction,  to  pay  said 
delinquent  taxes  and  costs ;  provided ,  that  the  corporate  authorities 
of  such  towns  or  cities  shall  have  full  power  to  adopt  any  regulation 
or  proceeding  they  may  deem  necessary  to  carry  this  section  into 
full  effect;  and  provided,  further,  that  the  corporate  authorities  of 
any  town  or  city  shall  have  power  to  fix  the  time  of  such  applieation 
to  the  county  court,  and  the  time  of  sale  of  said  real  estate. 


TOWNS  AND  CITIES. 


25 


§  2.  Ia  all  cases  where  assessments  have  heretofore  been  made,  or 
where  assessments  may  hereafter  be  made,  by  the  corporate  authori¬ 
ties  of  any  town  or  city  in  this  state,  on  any  lot  or  real  estate  in 
such  town  or  city,  for  the  purpose  of  improving  any  street,  side-walk 
or  alley  in  front  of  such  lot  or  real  estate,  or  for  any  purpose  what¬ 
ever,  either  by  ordinance,  resolution  or  other  proceeding,  and  such 
assessment  is  not  paid  within  the  time  fixed  by  the  order,  resolution 
or  ordinance  making  such  assessment,  the  corporate  authorities  of 
the  several  towns  and  cities  in  this  state  may  apply  to  the  county 
court  of  the  proper  county  for  judgment  against  said  lot  or  real 
estate,  for  the  amount  of  said  assessment  and  costs;  and  the  couuty 
court,  on  such  application  being  made,  shall  render  judgment  against 
such  lot  or  real  estate  for  the  amount  of  said  assessment  and  costs, 
and  shall  issue  its  precept  to  the  sheriff  of  the  proper  county,  com¬ 
manding  him  to  sell  said  lot  or  real  estate,  or  so  much  thereof  as 
may  be  necessary,  to  pay  said  judgment  and  costs,  in  the  same  man¬ 
ner  and  with  like  effect  as  if  sold  upon  execution  at  law;  and  the 
corporate  authorities  of  the  several  towns  or  cities  shall  have  full 
power  to  provide  by  resolution  or  ordinance  for  the  making  or  levy¬ 
ing  any  such  assessment,  and  they  shall  have  full  power  to.  fix  the 
time  of  payment  and  the  kind  and  time  of  notice  of  such  assessment, 
and  of  the  said  application  to  the  county  court;  and  the  corporate 
authorities  of  any  town  or  city  shall  have  full  and  complete  authority 
to  adopt  any  rule,  regulation  or  proceeding  which  they  may  deem 
necessary  to  carry  the  provisions  of  this  section  into  full  and  com¬ 
plete  effect. 

§  3.  This  act  to  take  effeet  from  and  after  its  passage. 

Approved  March  1,  1854. 


AN  ACT  to  amend  an  act,  entitled  “An  act  for  the  better  government  of 
towns  and  cities,  and  to  amend  the  charters  thereof,”  approved  Feb¬ 
ruary  27,  1854, 

Sec.  1.  Term  of  office;  vacancy,  how  filled. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly. 

Sec.  1.  That  all  police  magistrates,  when  elected,  shall  severally 
hold  their  offices  for  the  term  of  four  years,  and  until  others  are 
elected  and  qualified;  and  in  case  of  the  death,  resignation,  or 
removal  from  the  town  or  city  of  any  of  the  said  police  magistrates,. 

4 


26 


TOWNS  AND  CITIES. 


their  offices  shall  be  deemed  thereby  vacated,  and  such  vacancies 
shall  be  filled  by  special  elections  for  that  purpose,  notified  and  con¬ 
ducted  in  the  same  manner  as  is  now  provided  by  law  for  special 
elections  for  justices  of  the  peace. 

§  2.  This  act  shall  take  effect  and  he  in  force  from  and  after  its 
passage. 

Approved  February  15,  1855. 


AN  ACT  to  amend  an  act,  entitled  *‘An  act  for  the  better  government  of 
towns  and  cities,  and  to  amend  the  charters  thereof,”  approved  Feb¬ 
ruary  27,  1854. 

Sec.  1.  Default  in  election,  how  remedied. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  so  much  of  said  act  as  requires  the  officers  therein 
named  to  he  elected  at  the  elections  of  officers  for  said  towns  and 
cities  for  the  year  A.  D.  1854,  be  and  is  hereby  so  amended,  that  in 
those  towns  and  cities  where  they  fail  to  elect  said  officers  in  the 
said  year  1854,  they  may  elect  them  at  the  elections  to  be  held 
therein  for  said  officers  in  any  subsequent  year. 

§  2.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  February  15,  1855. 


AN  ACT  providing  for  the  vacation  of  streets,  alleys  and  town  plats,  in 
force  April  26,  1859. 

Sec.  1.  To  be  vacated  upon  petition;  benefits  and  damages, 

2.  Part  of  act  repealed. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 
Assembly  : 

Sec.  1.  That  the  corporate  authorities  of  any  town  or  city  shall 
have  power  to  vacate  streets  and  alleys  and  parts  of  streets  and  alleys, 
upon  a  petition  of  two-thirds  of  the  property  holders  upon  said  street 
or  alley.  The  benefits  and  damages  caused  by  changing,  altering  or 
vacating  any  street  or  part  of  street  or  alley  or  part  of  alley  afore¬ 
said,  shall  be  assessed  and  determined  in  manner  pointed  out  by  the 


TOWNS  AND  CITIES. 


act  incorporating  such  city  or  town,  or  by  the  ordinances  thereof  in 
other  cases, 

§  2.  That  so  much  of  the  second  section  of  the  act  to  provide  for 
the  vacating  of  town  plats,  approved  February  1G,  A.  D.  1847,  as 
provides  that  said  act  shall  not  apply  to  the  original  plat  or  map  of 
any  town  located  or  laid  out  as  or  for  a  cotmty  seat,  so  long  as  the 
county  seat  shall  remain  at  such  town,  is  hereby  repealed. 

Approved  February  19,  1859. 


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SPECIAL  ACTS 

AMENDING 

CHARTER  OF  THE  CITY  OF  PEKIN. 


AN  ACT  to  amend  an  act,  entitled  “An  act  to  extend  the  corporate  powers 
of  the  town  of  Pekin,  and  to  confirm  the  action  of  the  president  and 
trustees  of  said  town  in  certain  cases.” 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 

Assembly : 

Sec.  1.  That  whereas,  the  president  and  trustees  of  the  town  of 
Pekin  have  sold  and  conveyed  all  their  right,  title  and  interest,  both 
at  law  and  in  equity,  of,  in  and  to  the  ferry  across  the  Illinois  river 
within  the  corporate  limits  of  said  town  of  Pekin,  granted  to  them 
by  the  said  act  aforesaid,  and  to  Benjamin  S.  Prettyman,  his  heirs 
and  assigns  forever,  and  granted  him  a  license  to  keep  the  same; 
therefore,  the  said  acts  of  the  said  president  and  trustees  of  said  town 
shall  be  and  they  are  hereby  approved,  and  the  said  Benjamin  S. 
Prettyman,  his  heirs  and  assigns,  are  hereby  confirmed  in  their  title 
to  said  ferry,  granted  to  him  and  to  them  by  said  president  and 
trustees  of  said  town  of  Pekin,  subject  to  the  statutes  of  the  state  of 
Illinois  regulating  public  ferries. 

Approved  February  10,  1849. 


AN  ACT  to  approve  and  extend  the  corporate  powers  of  the  city  of  Pekin. 

Sic.  1.  Acts  legalized. 

2.  Authority  to  widen  and  extend  streets. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 
Assembly : 

Sec.  1.  That  all  the  acts  of  the  president  and  trustees  of  the  town 
of  Pekin,  in  the  county  of  Tazewell,  and  the  inhabitants  thereof,  in 
adopting  and  organizing  the  said  town  of  Pekin  into  the  city  of 
Pekin,  under  the  act  of  1849  regulating  towns  and  cities,  and  all 


30 


ACTS  AMENDING 


the  acts  of  the  officers  of  said  city  of  Pekin  done  and  performed  bj 
virtue  of  said  city  authority,  shall  be  and  the  same  are  hereby  com¬ 
pletely  and  fully  legalized,  ratified,  confirmed  and  approved,  the- 
same  as  though  the  said  city  of  Pekin  had  been  duly  incorporated 
by  said  act  of  1849  regulating  towns  and  cities,  with  all  the  powers 
and  authority  of  the  cities  of  Springfield  and  Quincy;-  and  said  city 
of  Pekin  shall,  in  all  things,  have  and  enjoy  all  the  powers  and 
■authority  conferred  by  law  on  said  cities  of  Springfield  and  Quincy. 

§  2.  And  be  it  further  enacted ,  That  the  said  city  of  Pekin  shall 
be  and  is  hereby  authorized  and  empowered  to  widen  and  extend 
the  streets  in  said  city  whenever  and  wherever  the  public  good  may 
require  the  same ;  provided,  that  the  property  embraced  or  taken 
by  said  city,  in  widening  and  extending  said  streets,  shall  be  first 
valued  and  paid  for  by  the  city,  in  accordance  with  the  provision  of 
the  charter  of  the  city  of  Springfield,  in  cases  e£  widening  and! 
extending  streets. 

This  act  to  be  in  force  from  and  after  its  passage- 

Approved  January  24,  1851. 


AN  ACT  to  amend  the  charter  of  the  city  of  Pekin. 

Sec.  1.  Power  to  borrow  money. 

2.  Tax  authorized. 

3.  Suppression  of  the  sale  of  intoxicating  drink®;. 

Be  it  enacted  by  thepeople  of  the  State  of  Illinois ,  represented  in-  the  General 

Assembly : 

Sec.  1.  That  the  city  of  Pekin  is  hereby  authorized  to  borrow  any 
sum  or  sums  of  money,  not  exceeding  fifty  thousand  dollars,  for  the 
purpose  of  making  a  steamboat  landing  at  said  city  of  Pekin,  and 
otherwise  improving  the  city,  and  issue  her  bonds  for  the  payment 
of  any  money  she  may  borrow  under  the  provisions  of  this  act. 

§  2.  The  city  council  of  the  city  of  Pekin  is  hereby  authorized  to 
lay,  assess  and  collect  annually,  a  tax  of  not  exceeding  one  per  cent, 
on  all  taxable  property,  both  real  and  personal,  within  the  limits  of 
said  city  of  Pekin,  as  a  revenue  for  city  purposes. 

§  3.  The  city  of  Pekin  shall  have  power  and  authority  to  enact 
and  pass  ordinances,  not  inconsistent  with  the  laws  of  this  state,  to 
suppress  and  restrain  the  sale  of  intoxicating  liquors,  tippling  houses 
and  dram  shops,  and  all  fines,  forfeitures  and  penalties  that  may  be 
.assessed  and  collected  from  any  person  or  persons,  within  the  city  of 


CITY  CHARTER. 


O  1 

Ol 


Pekin,  for  tlie  violation  of  any  ordinances  of  the  city  of  Pekin, 
passed  or  that  may  hereafter  he  passed  for  the  suppression  of  dram 
shops  or  tippling  houses  in  said  city  of  Pekin,  shall  accrue  to  and  be 
paid  into  the  treasury  of  the  said  city  of  Pekin. 

§  4.  This  act  to  take  effect  and  be  in  force  from  and  after  its 
passage. 

Approved  June  19,  1852. 

AN  ACT  to  amend  an  act  to  amend  the  charter  of  the  city  of  Pekin, 

Sec,  1.  Build  road,  &c. 

2.  Application  of  moneys. 

3.  Take  stock. 

4.  To  levy  tax. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  the  city  of  Pekin  is  hereby  authorized  to  build  and 
construct  an  embankment  and  plank  road  across  the  Illinois  river 
bottom,  opposite  said  city,  and  that  the  right  of  way  over  all  lands 
belonging  to  the  state  of  Illinois  be  and  is  hereby  granted  to  said 
city  of  Pekin  for  the  use  of  said  road,  one  hundred  feet  in  width,  on 
such  route  as  shall  be  adopted  for  said  road. 

§  2.  That  the  city  of  Pekin  is  hereby  authorized  to  apply  any 
money  or  moneys  which  she  may  have  at  her  control,  for  the  purpose 
of  building  said  road ;  that  she  may  contract  with  any  person  or 
persons  to  construct  said  road,  and  have  the  entire  control  of  the 
same  when  completed ;  to  make  such  rules  and  regulations  for  the 
management  and  preservation  of  the  same,  not  contrary  to  the  laws 
of  Illinois,  as  said  city  shall  deem  best. 

§  3.  That  the  city  of  Pekin  is  hereby  authorized  to  subscribe  and 
take  stock  in  any  rail  or  plank  roads  leading  to  and  from  said  city, 
not  exceeding  in  all  the  sum  of  one  hundred  thousand  dollars  \  and 
that  the  said  city  be  authorized  to  borrow  such  sum  or  sums  of 
money  as  may  be  so  subscribed,  and  issue  her  bonds  for  the  payment 
of  the  same. 

§  4.  That  the  said  city  of  Pekin  is  hereby  authorized  to  levy  such 
tax  on  the  taxable  property  of  said  city  as  shall  be  sufficient  to  pay 
all  interest  as  it  accrues  on  any  bonds  she  may  issue  for  the  above 
purpose, 

§  5.  This  act  to  be  in  force  from  and  after  its  passage. 

Approved  February  12, 1853. 


32 


ACTS  AMENDING 


AN  ACT  to  amend  tlie  charter  of  the  city  of  Pekin. 

Sec.  1.  Expend  money. 

2.  Bridge. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  the  city  of  [Pekin]  is  hereby  authorized  to  appro¬ 
priate  and  expend  any  sum  not  exceeding  five  thousand  dollars  on  or 
to  open  a  road  from  the  bluffs  on  the  west  side  of  the  Illinois,  oppo¬ 
site  Pekin,  to  the  northwest  corner  of  township  seven  north,  range 
seven  east,  in  Peoria  county. 

§  2.  That  the  city  of  Pekin  is  hereby  authorized  to  contract  with 
any  railroad  company,  by  sale  of  her  ferry  across  the  Illinois  river  to 
said  company  or  otherwise,  for  the  transporting  or  crossing  of 
persons,  teams,  horses,  wagons  and  other  things,  by  a  bridge  or 
otherwise,  instead  of  ferrying  over;  provided,  that  nothing  contained 
in  this  act  shall  be  so  construed  as  to  authorize  the  construction  of  a 
bridge  unless  by  act  of  the  legislature. 

That  this  act  shall  be  in  force  from  and  after  its  passage. 

Approved  February  27,  1854. 


AN  ACT  extending  the  corporate  limits  and  powers  of  the  city  and  town 
of  Pekin, 

Be  it  enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 

Assembly : 

Sec.  1.  That  the  corporate  limits  of  the  city  of  Pekin  be  and  the 
same  is  hereby  extended  over  and  so  as  to  include  therein  all  of  the 
territory  contained  in  the  following  boundaries,  to  wit :  Beginning 
at  the  Illinois  river  on  the  south  side  of  section  four,  in  township 
twenty -four  north,  of  range  five,  west  of  the  third  principal  meridian; 
thence  east  to  the  southeast  corner  of  section  two,  in  said  township; 
thence  north  two  miles;  thence  west  to  the  west  bank  of  the  Illinois 
river;  thence  down  along  the  west  bank  of  the  Illinois  river  to  a 
point  due  north  of  the  place  of  beginning ;  thence  south  to  the  place 
of  beginning.  And  all  of  the  corporate  powers,  rights  and  privileges 
of  said  city  of  Pekin  shall  be  and  the  same  is  hereby  authorized  to 
be  held,  exercised  and  enforced  by  the  authorities  of  said  city  within 
said  bounds,  to  the  same  extent  and  in  the  same  manner  as  they  are 
now  held  and  exercised  within  said  city. 

In  force  February  14,  1859. 


C1TT  CHARTER. 


33 


AX  ACT  t#  amend  the  charter  of  tha  oity  of  Fokin. 

Ssc.  1.  Streets  and  alleys. 

2.  Damages  occasioned  by  opening  streete,  &c. 

3.  Commissioner’s  duty. 

4.  Appraisement. 

6.  Award  of  commissioners. 

7.  Removal  of  buildings. 

8.  Notice  of  confirmation  by  council. 

9.  Right  of  appeal ;  collector’s  fees. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  in  the  General 

Assembly : 

Sec.  1.  That  the  common  council  of  the  city  of  Pekin  shall  have 
power  to  lay  out  streets,  alleys,  lanes  and  highways,  and  to  alter, 
widen,  contract,  straighten  and  discontinue  the  same,  within  the 
limits  of  said  city;  and  shall  have  the  power  to  assess  the  damages 
and  recompense  due  the  owner  or  owners  of  lots  or  land,  for  right  of 
way,  ahd  all  other  expense  of  any  suck  improvement,  upon  the  lots 
and  real  estate  benefited  by  the  improvement,  in  proportion,  as 
nearly  as  may  be,  to  the  benefits  resulting  to  each  parcel  of  land. 

§  2.  Whenever  any  street,  lane,  alley  or  highway,  or  whenever 
any  altering,  straightening  or  widening  the  same  shall  be  deemed 
necessary  by  the  common  council  of  said  city,  the  said  council  shall 
pass  an  order  or  resolution  declaring  the  commencement,  general 
course  and  terminus  of  such  street,  lane,  alley  or  highway.  Such 
order  shall  specify  what  part  thereof  is  to  be  altered,  straightened  or 
widened;  and  after  the  passage  of  such  resolution,  said  council  shall 
give  notice,  by  publication  in  some  public  newspaper  published  in 
said  city  of  Pekin,  of  their  intention  to  appropriate  and  take  land 
necessary  for  such  improvement.  At  any  time  after  publishing 
such  notice,  as  aforesaid,  for  three  successive  times,  it  shall  be  lawful 
for  said  council  to  choose,  by  ballot,  three  disinterested  freeholders 
residing  in  said  city,  as  commissioners,  to  ascertain  and  assess  the 
damage  and  recompense  due  the  owners  of  such  land,  respectively; 
and  at  the  same  time  determine  what  property  will  be  benefitted  by 
such  improvement,  and  assess  the  damage  and  expense  thereof  on 
the  real  estate  so  benefitted,  in  proportion,  as  nearly  as  may  be,  to 
the  benefits  resulting  to  each  lot  or  parcel  of  property. 

§  3.  The  commissioners  shall  be  sworn  faithfully  to  execute  their 
duty,  to  the  best  of  their  ability;  and,  before  entering  upon  their 
duties,  shall  give  five  days’  notice  to  all  persons  who  are  residents  of 
said  city,  and  who  are  known  to  them  to  be  interested  in  the  pro- 

5 


34 


ACTS  AMENDING 


ceedings;  which  notice  may  be  given  to  such  person  or  persons 
personally,  or  by  leaving  the  same  at  his,  her  or  their  usual  place  of 
abode,  of  the  time  and  place  of  their  meeting  for  the  purpose  of 
viewing  said  premises.  But  if  any  person  or  persons,  known  to  said 
commissioners,  are  not  residents  of  said  city,  notice  of  the  time  and 
place  of  their  meeting  shall  be  published  twice  in  some  newspaper 
published  in  said  city;  the  first  publication  to  be  at  least  twenty 
days  before  the  time  of  meeting.  Said  commissioners  shall  view 
the  premises  and  receive  any  legal  evidence,  and  may,  if  necessary, 
adjourn  from  day  to  day. 

§  4.  The  commissioners,  in  making  their  assessment,  shall  deter¬ 
mine  and  appraise  to  the  owner  or  owners  the  value  of  the  real  estate 
appropriated  for  such  improvement  and  the  injury  arising  to  them, 
respectively,  from  the  condemnation  thereof;  which  shall  be  awarded 
to  such  owner  or  owners,  respectively,  as  damages,  after  allowing 
therefrom  for  any  benefit  which  such  owner  or  owners  may  derive 
from  such  improvement.  In  estimating  such  damage  the  commis¬ 
sioners  shall  include  the  value  of  the  buildings,  (if  the  property  of 
the  owner  of  such  land.)  If  the  damage  estimated  to  any  person  be 
greater  than  the  benefits  received  from  such  improvement,  or  if  such 
benefit  be  greater  than  such  damage,  in  either  case  the  commission¬ 
ers  shall  strike  a  balance  and  carry  the  difference  forward  to  another 
column,  so  that  the  assessment  may  show  what  is  to  be  received  or 
paid  by  the  owner  or  owners,  respectively,  and  the  difference  only 
shall,  in  any  case,  be  collectable  of  them  or  paid  to  them. 

§  5.  If  the  lands  and  buildings  belong  to  different  persons,  or, 
if  the  land  be  subject  to  lease  or  mortgage,  the  injury  done  to  such 
person  or  persons,  respectively,  may  be  awarded  to  them  by  the 
commissioners,  less  the  benefits  resulting  to  them,  respectively,  from 
the  improvement. 

§  6.  Having  ascertained  the  damages  and  expense  of  such  improve¬ 
ment,  as  aforesaid,  the  commissioners  shall  thereupon  apportion  and 
assess  the  same,  together  with  the  costs  of  the  proceedings,  upon  the 
real  estate  by  them  deemed  benefitted,  in  proportion  to  the  benefits 
resulting  thereto  from  the  improvements,  as  nearly  as  may  be,  and 
shall  describe  the  real  estate  upon  which  their  assessment  shall  be 
made.  When  completed  the  commissioners  shall  sign  and  return 
the  same  to  the  common  council  of  said  city,  within  forty  days  after 
their  appointment. 


CITY  CHARTER. 


35 


§  7.  If  there  should  be  any  building  standing,  in  whole  or  in  part, 
upon  the  land  to  be  taken,  the  commissioners  shall  also  estimate  the 
value  of  the  building  to  the  owner,  aside  from  the  value  of  the  land, 
and  the  injury  in  having  such  building  taken  from  him,  and  the 
value  of  such  building  to  him  to  remove;  and  if  such  owner  shall 
be  willing  to  remove  such  building,  he  shall  be  allowed  such  time 
for  that  purpose  as  the  commissioners  shall  allow ;  but  if  the  owner 
shall  refuse  to  remove  the  building  or  take  it  at  the  value  put  upon 
it  by  the  commissioners,  for  the  purpose  of  removal,  said  commis¬ 
sioners  shall  sell  such  building,  at  public  or  private  sale,  for  cash ; 
and  the  proceeds  shall  be  paid  to  the  owner  or  deposited  to  his  use ; 
and  the  amount  for  which  such  building  shall  be  sold  shall  be  paid 
to  him  or  deposited  to  his  use;  the  same  shall  be  deducted  from  the 
amount  of  damages  assessed  to  him  for  lands  and  building,  both,  as 
specified  in  the  4th  section  of  this  act,  and  the  difference  only  shall 
be  paid  to  such  owner  or  owners. 

§  8.  When  the  assessment  has  been  returned  by  the  commissioners, 
the  clerk  of  said  city  shall  give  notice,  by  at  least  two  publications 
in  some  newspaper  published  in  said  city,  that  said  assessment  has 
been  returned,  and  that  on  a  certain  day,  in  said  notice  to  be  named, 
said  assessment  will  be  confirmed  by  the  common  council  of  said 
city,  unless  objection  be  made  by  some  person  interested.  Objec¬ 
tions  may  be  heard  before  the  council,  and  they  may  adjourn  the 
hearing,  from  day  to  day,  and  shall  have  power  to  annul  said  assess¬ 
ment,  in  whole  or  in  part.  If  the  whole  is  annulled,  or  the  whole 
proceedings,  if  confirmed,  an  order  to  that  effect  shall  be  entered. 
If  annulled  in  part  or  confirmed  in  part,  an  order  to  that  effect  shall 
be  entered ;  and  said  council  may  refer  said  matter  back  to  said 
commissioners,  or  any  part  thereof;  and  in  such  case  the  commis¬ 
sioners  shall  proceed,  in  all  respects,  as  upon  their  first  appointment; 
and  upon  notice,  as  above  required,  the  council  may  confirm  or 
annul,  as  in  this  act  specified  in  regard  to  the  first  return  of  the 
commissioners.  Said  council  shall  have  power  to  remove  commis¬ 
sioners,  and,  from  time  to  time,  appoint  others  in  the  place  of  such 
as  may  be  removed,  refuse  or  neglect  or  be  unable,  from  any  cause, 
to  serve. 

§  9.  Any  person  interested  may  appeal  from  any  final  order  con¬ 
firming  the  assessment  of  such  commissioners,  in  whole  or  in  part, 
or  any  final  order  directing  the  opening  or  widening  or  straightening 


36 


ACTS  AMENDING  CITY  CHARTER. 


any  street,  lane,  alley  or  highway,  to  the  circuit  court  of  Tazewell 
county,  by  notice,  in  writing,  to  the  mayor  or  clerk,  at  any  time 
before  the  expiration  of  thirty  days  from  the  passage  of  such  final 
order.  In  case  of  appeal  the  common  council  shall,  within  thirty 
days  after  notice  of  such  appeal,  make  a  return  of  all  the  proceed¬ 
ings.  And  the  court  shall,  at  the  next  term  after  the  return  filed 
in  the  office  of  the  circuit  clerk  of  said  county,  hear  and  determine 
such  appeal,  and  confirm  or  annul  the  proceedings.  "When  such 
assessment  shall  be  confirmed,  in  whole  or  in  part,  by  the  common 
council  of  said  city,  and  no  appeal  shall  be  taken,  or  when  such 
assessment,  upon  appeal,  shall  be  confirmed,  in  whole  or  in  part,  upon 
such  appeal,  it  shall  be  the  duty  of  said  council  to  cause  the  amount, 
as  assessed  against  each  lot,  to  be  certified  to  the  clerk  of  the  county 
court  of  said  county,  whose  duty  it  shall  be  to  extend  the  amount  so 
assessed  upon  the  lots  and  parcels  of  land  specified ;  and  it  shall  be 
the  duty  of  the  collector  of  taxes  for  the  state  and  county  to  collect 
such  tax  and  assessment  and  to  enforce  the  payment  thereof,  in  the 
same  manner,  with  all  the  rights,  power  and  authority  he  has  to 
collect  state  and  county  taxes,  and  shall  be  required  to  pay  over  the 
same  to  the  corporate  order  of  said  city,  at  the  same  time  he  is 
required  to  pay  over  the  county  revenue.  And  the  county  court  of 
said  county  shall  render  judgment  and  order  sale  of  any  lot  or  tract, 
for  the  non-payment  of  the  tax  or  assessment,  as  returned  by  said 
common  council,  as  is  now  or  may  be  provided  for  state  and  county 
taxes }  and  judgment  and  sale  shall  be  rendered  for  the  aggregate 
amount  due  for  county,  state  and  town  or  city  taxes.  The  collector 
shall  receive  the  same  compensation  for  collecting  such  assessment 
or  tax  as  for  collecting  other  taxes,  and  shall  be  subject  to  the  same 
liabilities.  No  land  shall  be  appropriated,  by  virtue  of  this  act, 
until  the  damages  awarded  therefor  to  any  owner  thereof  shall  be 
paid  or  tendered  to  such  owner,  or,  in  case  such  owner  cannot  be 
found  in  the  city,  deposited  to  his  or  her  credit  in  some  place  of 
deposit. 

Approved  February  20,  1861. 


REVISED  ORDINANCES 


OF  THU 


CITY  OF  PEKIN. 


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<v 


REVISED  ORDINANCES. 


CITY  LIMITS. 

AN  ORDINANCE  defining  the  limits  of  the  city  of  Pekin, 

Sec.  1.  Boundaries  of  the  city  of  Pekin. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

That  from  and  after  the  passage  of  this  ordinance,  the  city  of 
Pekin  shall  include  and  contain  one  mile  square,  to  wit :  Beginning 
at  the  northwest  corner  of  the  northeast  quarter  of  section  three,  in 
township  No.  24,  north  of  range  No.  five  west  of  the  third  principal 
meridian;  thence  south  half  a  mile;  thence  east  one  mile;  thence 
north  one  mile ;  thence  west  one  mile ;  thence  south  half  a  mile,  to 
the  place  of  beginning;  and  also  all  lots  or  parts  of  lots  which  were 
originally  laid  off  as  parts  of  the  town  of  Pekin  and  Cincinnati,  and 
all  extensions  and  additions  to  the  towns  of  Pekin  and  Cincinnati, 
and  all  the  public  grounds,  streets  and  alleys  therein,  and  every  part 
thereof,  by  whatever  name  such  addition  may  be  called  which  lies 
out  of  the  one  mile  square  as  above  described,  and  which  are  adjoin¬ 
ing  said  city  now  or  which  may  hereafter  adjoin  and  be  laid  off  and 
recorded  in  the  county  of  Tazewell ;  also  all  lands  and  lots  which  are 
not  so  laid  off  and  recorded  as  town  lots,  that  are  now  or  may  here¬ 
after  be  from  time  to  time  within  half  a  mile  of  the  limits  of  said 
city  as  above  described,  which  the  owner  or  owners  may  consent  to 
have  included  within  the  limits  thereof,  and  all  lands,  lots,  streets, 
alleys,  public  grounds,  and  the  Illinois  river  included  in  said  mile 
square,  and  all  lots  of  lands,  public  grounds,  streets,  alleys,  and  the 
middle  of  the  Illinois  river,  and  all  such  lots,  lands,  streets  and 
alleys  in  any  part  of  the  original  towns  of  Pekin  and  Cincinnati  or 
any  addition  thereof,  which  lies  out  of  the  mile  square  as  aforesaid, 
either  now  on  record  or  which  may  hereafter  be  laid  off  and  recorded, 
shall  be  and  are  hereby  declared  to  be  within  the  limits  of  the  city 
of  Pekin. 


40 


REVISED  ORDINANCES. 


CITY  SEAL. 

AN  ORDINANCE  in  relation  to  the  corporate  seal  of  the  eity  of  Pekin. 

Sic.  1.  Seal  established;  in  what  cases  to  be  used. 

2.  Shall  remain  in  the  custody  of  the  clerk  ;  how  used. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  a  seal  in  a  circular  form,  with  the  words  “City  of 
Pekin,  Illinois, ”  on  the  outer  circle,  and  in  the  interior  and  center 
of  the  said  circle  a  figure  of  a  steamboat,  shall  be  the  seal  of  the  city 
of  Pekin,  to  be  used  in  all  cases  that  have  been  or  shall  hereafter 
be  provided  by  the  laws  of  the  United  States,  the  laws  of  the  several 
respective  states  of  the  United  States  and  the  ordinances  of  said  city 
of  Pekin,  and  in  all  cases  in  which,  by  the  laws  and  customs  of 
nations,  it  is  necessary  to  use  a  seal  by  a  corporation. 

§  2.  The  said  seal  shall  be  and  remain  in  the  custody  of  the  clerk 
of  said  city,  to  be  by  him  used  as  is  provided  in  the  first  section  of 
this  ordinance. 


WARDS  OF  THE  CITY. 

AN  ORDINANCE  dividing  the  city  of  Pekin  into  wards. 

Sec.  1.  City  to  be  divided  into  wards. 

2.  First  ward  and  its  boundaries. 

3.  Second  ward  and  its  boundaries. 

4.  Third  ward  and  its  boundaries. 

5.  Fourth  ward  and  its  boundaries. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  the  territory  embraced  within  the  corporate  limits 
of  the  city  of  Pekin  shall  be  divided  into  four  wards,  which  shall  be 
bounded  as  hereinafter  described, 

§  2.  That  all  that  part  of  Pekin  which  lies  south  of  Court  street, 
in  the  town  of  Pekin,  and  west  of  Third  street  in  the  town  of  Pekin, 
and  Pleasant  street  in  the  town  of  Cincinnati,  be  and  the  same  is 
declared  to  be  the  first  ward  in  said  city. 

§  3.  And  all  that  part  lying  north  of  Court  street  and  west  ©f 
Third  street  and  Bailey’s  addition,  be  and  the  same  is  hereby 
declared  the  second  ward  in  said  city. 

§  4.  All  that  part  of  said  town  lying  north  of  Court  street  and 

K 

east  of  Third  street,  including  Bailey’s  addition,  be  and  the  same  is 
hereby  declared  to  be  the  third  ward  in  said  city. 


REVISED  ORDINANCES. 


41 


§  5.  And  all  that  part  which  lies  south  of  Court  street  and  east  of 
Third  street  iu  the  town  of  Pekin,  and  Pleasant  street  in  the  town 
of. Cincinnati,  be  and  the  same  is  hereby  declared  to  be  the  fourth 
ward  iu  said  city;  provided ,  said  wards  shall  not  together  contain 
more  territory  than  is  permitted  within  the  limits  of  a  city  by  virtue 
of  said  act  of  general  assembly,  in  force  February  10,  1840. 


MEETINGS  OF  COUNCIL, 

AN  ORDINANCE  fixing  the  time  of  the  meeting  of  the  city  council  of  the 
city  of  Pekin. 

Sec.  1.  Stated  meetings,  when  and  where  held;  special  meetings,  by 
whom  called, 

2.  Penalty  for  non-attendance. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  the  stated  monthly  meetings  of  the  city  council  shall 
be  held  on  the  first  Monday  of  every  month,  at  such  place  within 
the  limits  of  said  city  as  the  city  council  may,  from  time  to  time, 
order  and  direct;  that  special  meetings  thereof  shall  be  called  by 
the  mayor  or  any  two  aldermen,  by  leaving  written  or  printed  notices 
of  the  time  and  place  of  holding  the  same  at  the  residence  of  the 
respective  members,  unless  the  same  shall  be  personally  served  on 
such  members;  the  service  of  such  notices  shall  be  and  is  hereby 
made  the  duty  of  the  city  marshal. 

§  2.  That  if  any  member  of  said  council  shall  absent  himself  from 
any  meeting  of  the  same,  lie  shall  be  subject  to  a  fine  of  one  dollar, 
unless,  for  good  and  sufficient  cause  shown,  he  shall  be  excused  by 
the  council  for  non-attendance. 


OFFICERS— APPOINTMENT  OF. 

AN  ORDINANCE  to  provide  for  the  appointment  of  city  officers. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  at  the  first  meeting  after  the  organization  of  the 
city  council  in  each  year,  or  as  soon  thereafter  as  may  be,  there  shall 
be  appointed,  by  ballot  or  otherwise,  by  the  city  council,  the  follow¬ 
ing  city  officers : 

Clerk;  Attorney;  Treasurer;  Marshal;  Street  Commissioner; 
Measurer  of  Wood  ;  Fire  Warden  ;  City  Engineer ;  Weigher  of  Hay 

6 


42 


REVISED  ORDINANCES. 


and  Stone  Coal;  Harbor  Master;  Auditor;  Three  Inspectors  of 
Elections  to  each  ward. 


CITY  OFFICERS. 

AN  ORDINANCE  to  punish  city  officers  for  neglect  of  duty. 

Be  it  ordained  by  the  city  council  of  the  city  of  PeJcin: 

Sec.  1.  That  every  officer  who  now  is  or  shall  be  appointed  by 
the  city  council,  who  shall  neglect  or  refuse  to  perform  the  duties 
required  of  him,  either  by  the  ordinances  now  in  force,  or  such  as 
may  hereafter  be  established,  after  having  taken  upon  himself  the 
burden  of  performing  the  duties  of  such  office,  shall,  on  proof  before 
the  police  magistrate,  be  fined  and  forfeit  and  pay  the  sum  of  five 
dollars  for  each  and  every  offense  committed,  or  omission  or  neglect 
of  duty  on  his  part. 


FEES. 

AN  ORDINANCE  regulating  the  compensation  of  city  officers. 

Sec.  1.  Treasurer’s  compensation. 

2.  City  attorney’s  compensation. 

3.  City  clerk’s  compensation. 

4.  City  marshal’s  compensation. 

5.  City  wood  measurer. 

6.  City  fire  warden. 

7.  City  engineer. 

8.  Weigher  of  hay  and  stone  coal. 

9.  Harbor  master. 

10.  Inspectors  of  election. 

11.  Police  magistrate. 

12.  Auditor. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  The  city  treasurer  shall  receive  a  compensation  for  his 
services  of  two  and  a  halt  cents  on  each  and  every  dollar  on  all 
moneys  received  by  him  by  virtue  of  his  said  office,  to  be  deducted 
at  the  time  of  receiving  the  same,  in  full  for  all  services  done  by 
him  in  his  said  office. 

§  2.  The  city  attorney  shall  receive  an  annual  salary  of  one  hun¬ 
dred  dollars,  to  be  paid  quarterly,  and  a  fee  of  one  dollar  and  fifty 
cents  for  each  suit  by  him  prosecuted  before  the  police  magistrate, 
wherein  said  city  is  plaintiff,  and  where  judgment  is  recovered  for  a 


REVISED  ORDINANCES. 


43 


penalty,  and  the  penalty  collected  ;  which  sum  shall  be  taxed  against 
the  defendant  as  costs  to  be  recovered  against  him;  provided,  said 
attorney  shall  not  be  entitled  to  said  fee  unless  the  same  is  collected 
from  the  defendant. 

§  3.  The  city  clerk  shall  receive  an  annual  salary  of  two  hundred 
dollars,  to  be  paid  quarterly,  and  the  following  fees  : 

For  issuing  license  to  tavern  keepers,  keepers  of  ordinaries,  eating 
houses,  retailers  of  wines,  spirituous  and  fermented  liquors,  fifty  cents. 

For  issuing  license  to  billiard  tables,  nine  and  ten  pin  alleys,  shuffle 
boards,  bagatelle  tables,  each  fifty  cents. 

For  issuing  license  to  owners  of  drays,  wagons,  carts  and  other 
vehicles,  each  twenty-five  cents. 

For  issuing  license  to  auctioneers,  pedlars,  showmen  and  exchange 
brokers,  each  fifty  cents. 

For  issuing  all  other  licenses,  each  fifty  cents. 

For  taking  bond  under  any  ordinance  requiring  the  same,  each 
one  dollar. 

For  making  and  certifying  copy  of  any  ordinance,  resolution  or 
other  matter  of  record  in  his  office,  ten  cents  for  every  one  hundred 
words. 

For  attaching  the  seal  of  the  city  thereto,  fifty  cents. 

For  giving  a  certificate  under  the  seal  of  said  city,  one  dollar. 

Provided,  he  shall  not  be  entitled  to  any  of  said  fees  when  done 
at  the  request  of  and  for  said  city. 

§  4.  The  city  marshal  and  street  commissioner  shall  receive  an 
annual  salary  of  five  hundred  dollars,  and  such  fees  as  are  allowed 
to  constables  when  serving  processes  and  other  writs ;  provided,  that 
said  city  shall  pay  no  costs  to  said  marshal  in  any  case. 

§  5.  The  measurer  of  wood  shall  receive  such  compensation  as  is 
allowed  by  ordinance  in  relation  to  his  duties. 

§  6.  The  fire  warden  shall  receive  an  annual  salary  of - 

payable  quarterly. 

§  7.  The  city  engineer  shall  receive  such  compensation  as  is 
allowed  by  ordinance  in  relation  to  his  duties. 

§  8.  Weighers  of  hay  and  stone  coal  shall  receive  the  fees  defined 
in  the  ordinance  in  relation  thereto. 

§  9.  The  harbor  master  shall  receive  such  fees  and  compensation 
as  is  defined  in  an  ordinance  in  relation  thereto. 

§  10.  Inspectors  and  clerks  of  elections  shall  receive  from  the 


44 


REVISED  ORDINANCES. 


city  treasury  tlic  sum  of  one  dollar  each,  for  each  and  every  day 
employed  by  them  in  any  election  held  under  the  city  charter,  and 
making  their  returns  to  the  city  council. 

§  11.  The  police  magistrate  shall  receive  an  annual  salary  of  fifty 
dollars,  payable  quarterly,  and  the  following  fees  : 

For  docketing  each  suit,  twenty-five  cents. 

For  taking  affidavit  on  which  to  issue  a  warrant,  twenty-five  cents- 

For  issuing  each  subpoena,  twenty-five  cents. 

Taking  security  for  costs,  twenty-five  cents. 

Issuing  warrant  for  arrest,  fifty  cents. 

Issuing  summons  in  action  of  debt  without  arrest,  twenty-five  cents- 

For  issuing  a  jury  warrant  when  required,  twenty -five  cents. 

For  administering  oath,  ten  cents. 

For  entering  judgment  on  confession,  twenty-five  cents. 

For  entering  judgment  on  hearing  evidence,  fifty  cents. 

For  entering  an  appeal,  twenty-five  cents. 

For  making  and  certifying  transcript  in  appeal  cases,  fifty  cents. 

For  issuing  execution,  twenty-five  cents. 

For  issuing  execution  with  authority  to  compel  payment  by  labor 
or  imprisonment,  fifty  cents. 

Provided ,  that  the  said  city  shall  pay  no  costs  to  the  police  mag¬ 
istrate  in  any  case. 

§  12.  The  city  auditor  shall  receive  an  annual  salary  of - 

payable  quarterly. 

'  OFFICERS— ELECTION  OF. 

AN  ORDINANCE  relating  to  the  city  officers  of  the  city  of  Pekin. 

Sec.  L. Officers  to  be  elected. 

2.  City  marshal,  duties  of. 

3.  Ordinances  repealed. 

Be  it  ordained  by  the,  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  at  the  annual  election  of  said  city,  to  he  held  on  the 
third  Monday  of  April,  A.  D.  18G0,  and  at  each  annual  election  held 
thereafter,  there  shall  be  elected,  by  the  qualified  voters  of  said  city, 
in  addition  to  the  officers  already  elected,  one  city  clerk;  one  city 
attorney;  one  city  marshal;  one  city  treasurer;  and  one  city  engineer, 
who  shall  receive  the  same  emoluments  and  serve  the  length  of  time 
heretofore  provided  by  ordinance. 

§  2.  That  the  city  marshal  of  said  city  shall  be  ex-officio  street 


REVISED  ORDINANCES. 


45 


commissioner  and  harbor  master,  and  shall  discharge  all  the  duties 
pertaining  to  said  offices,  and  receive  all  the  emoluments  connected 
with  the  same. 

§  3.  That  all  ordinances  and  parts  of  ordinances  coming  in  con¬ 
flict  with  this  ordinance,  are  hereby  repealed. 

Passed  March  15,  1860. 


OFFICERS  —  REPORTS  OF,  &c. 

AN  ORDINANCE  relative  to  city  officers. 

Sf.c.  1.  Oath  of  office. 

2.  City  council  to  meet  quarterly  and  require  reports  of  officers. 

3.  Duty  of  officers  to  make  reports  ;  to  pay  over  moneys  to  treas¬ 

urer  under  penalty. 

4.  Failure  to  do  so,  office  to  be  declared  vacant. 

5.  Duty  of  clerk  to  publish  statement  of  the  financial  affairs  of  tho 

city. 

Be  it  ordained  by  the  city  council  of  the  city  of  Felcin : 

Sec.  1.  In  all  cases  where  persons  are  appointed  to  office  by  the 

* 

city  council,  except  inspectors  of  election,  it  shall  be  their  duty  to 
take  and  subscribe  the  same  oath  or  affirmation  as  is  now  required 
to  be  taken  by  other  city  officers,  which  oath  or  affirmation  shall  be 
filed  with  the  clerk  of  the  city  of  Pekin. 

§  2.  It  shall  be  the  duty  of  the  city  council  to  meet  on  the  first 
Monday  of  December,  March,  June  aud  September,  in  each  and 
every  year,  for  the  special  purpose  of  making  quarterly  settlements 
with  all  city  officers  and  others  receiving  and  disbursing  the  city 
revenue,  and  it  is  hereby  made  the  duty  of  the  mayor,  on  the  quarter 
days  aforesaid,  to  call  for  the  reading  of  such  reports  before  proceed¬ 
ing  to  other  business. 

§  3.  It  shall  be  the  duty  of  all  city  officers  appointed  by  the 
council  and  acting  under  the  city  ordinances,  and  all  other  persons 
ipto  whose  hands  any  money  may  come  belonging  to  the  city  of 
Pekin,  under  and  by  virtue  of  any  ordinance  of  said  city,  to  make 
each  a  written  report  to  the  council,  on  or  before  the  day  specified 
in  the  second  section  of  this  ordinance,  setting  forth  their  proceedings 
of  the  preceding  quarter,  together  with  the  treasurer’s  receipt  for  all 
money  that  may  come  into  their  hands  belonging  to  the  city  of 
Pekin;  and  in  case  of  neglect  or  refusal  to  make  such  report,  accom¬ 
panied  by  the  treasurer’s  receipt,  each  person  so  negleoting  or 


46 


REVISED  ORDINANCES. 


refusing  shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars, 
nor  less  than  five  dollars,  to  be  collected  before  the  police  magistrate 
or  any  justice  of  the  peace. 

§  4.  It  shall  be  the  duty  of  the  city  council  to  declare  the  office 
to  which  any  person  shall  have  been  elected  or  appointed  under  the 
ordinances  of  the  city  vacant,  who  shall  fail  to  comply  with  the 
provisions  of  the  first  and  third  sections  of  this  ordinance,  and  they 
shall  at  once  proceed  to  fill  such  vacancy. 

§  5.  It  shall  be  the  duty  of  the  city  clerk  in  the  first  week  in 
December,  March,  June  and  September,  in  each  and  every  year,  to 
make  out  and  publish  a  statement  of  the  city  finances  for  the  previ¬ 
ous  quarter,  in  some  public  newspaper  printed  in  the  city. 


ORDINANCE  REPEALED. 

AN  ORDINANCE  to  repeal  an  ordinance,  entitled  “An  ordinance  relating 
to  city  officers  of  the  city  of  Pekin.” 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  an  ordinance,  entitled  “An  ordinance  relating  to  city 
officers  of  the  city  of  Pekin, ”  passed  March  15th,  1860,  be  and  the 
same  is  hereby  repealed  and  annulled,  and  that  all  officers  named  in 
said  ordinance  shall  hereafter  be  appointed  by  the  city  council  as  by 
ordinance  heretofore  required,  and  said  officers  shall  be  subject  to 
removal  at  the  pleasure  of  said  city  council ;  and  all  ordinances 
repealed  by  said  ordinance  above  named,  are  hereby  revived  and 
continued  in  full  force. 

Passed  February  23,  1861. 

THE  MAYOR  TO  ISSUE  AND  SION  BONDS. 

AN  ORDINANCE  authorizing  the  mayor  to  issue  and  sign  bonds  of  the  city 
of  Pekin. 

Sec.  1.  Mayor  to  issue  bonds. 

2.  Interest,  where  paid. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  the  mayor  of  the  city  of  Pekin  is  hereby  authorized 
and  directed  to  issue  the  bonds  of  the  city  of  Pekin,  to  the  amount 
<of  eighteen  thousand  dollars,  payable  twenty  years  after  date,  with 


REVISED  ORDINANCES. 


47 


interest  at  the  rate  of  eight  per  cent,  per  annum,  payable  semi-an¬ 
nually,  under  the  provisions  of  an  act  of  the  general  assembly  of  the 
state  of  Illinois,  approved  June  19, 1852,  entitled  “An  act  to  amend 
the  charter  of  the  city  of  Pekin.” 

§  2.  The  interest  on  said  bonds,  issued  under  section  first,  and 
principal,  shall  be  made  payable  at  the  office  of  Duncan,  Sherman 
&  Co.,  in  the  city  of  New  York. 

THE  MAYOR  TO  ISSUE  AND  SIGN  BONDS. 

AN  ORDINANCE  authorizing  the  mayor  to  issue  and  sign  bonds  of  the 
city  of  Pekin, 

Sec.  1.  Mayor  to  issue  bonds. 

2.  Interest,  where  paid. 

p 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin 

Sec.  1.  That  the  mayor  of  the  city  of  Pekin  is  hereby  authorized 
and  directed  to  issue  the  bonds  of  the  city  of  Pekin  to  the  amount 
of  twenty-five  thousand  dollars,  payable  in  twenty  years  after  date, 
with  interest  at  the  rate  of  eight  per  cent,  per  annum,  payable  semi¬ 
annually,  under  the  provisions  of  an  act  of  the  general  assembly  of 
the  state  of  Illinois,  approved  June  19,  1852,  entitled  “An  act  to 
amend  the  charter  of  the  city  of  Pekin.” 

§  2.  The  interest  on  said  bonds,  issued  under  section  first,  and 
principal,  shall  be  made  payable  at  the  office  of  Duncan,  Sherman 
&  Co.,  in  the  city  of  New  York. 


CITY  ATTORNEY. 

AN  ORDINANCE  providing  for  the  appointment  of  an  attorney  for  the  city 
of  Pekin,  and  prescribing  his  duties. 

Sec.  1.  Appointment  and  duties. 

2.  Give  opinion  as  to  title  of  real  estate. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  at  the  first  meeting  after  the  organization  of  the  city 
council  in  each  year,  there  shall  be  appointed  by  ballot,  from  the 
members  of  the  bar  in  the  city  of  Pekin,  by  the  city  council,  an 
attorney  for  the  city,  who  shall  hold  his  office  for  one  year  and  until 
his  successor  is  elected,  and  who  shall  advise  the  council  and  officers 
of  the  city  upon  such  legal  questions  as  may  be  from  time  to  time 


48 


REVISED  ORDINANCES. 


referred  to  him  affecting  the  interests  of  the  corporation,  and  attend 
to  all  suits  which  are  now  pending,  or  which  may  be  commenced,  in 
which  the  city  may  be  interested,  or  a  party  in  the  courts  held  in 
the  county  of  Tazewell,  and  perform  such  other  professional  duties 
as  may  be  from  time  to  time  required  by  the  council. 

§  2.  That  whenever  the  city  is  about  to  purchase  any  real  estate, 
the  said  city  attorney  shall  be  furnished  with  title  papers,  and  no 
contract  shall  be  made  or  money  paid  on  account  of  any  purchase 
of  real  estate,  until  he  shall  have  given  his  opinion  in  writing  as  to 
the  validity  of  the  title  thereof,  which  opinion  shall  be  filed  with 
the  clerk. 


CLERK  OF  CITY. 

AN  ORDINANCE  for  the  appointment  of  a  clerk  of  the  city  of  Pekin,  and 
prescribing  his  duties. 

Sec.  1.  Mode  of  appointment  and  qualification. 

2.  Duties  of  clerk. 

3.  Keep  all  records,  papers,  &c.,  of  the  city. 

4.  Keep  accounts  of  city. 

5.  Index  ordinances,  &c. 

6.  Keep  records  of  licenses. 

7.  Sign  all  contracts,  &c. 

8.  Compensation. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  there  shall  be  annually  appointed  by  the  city  council 
a  clerk,  to  serve  for  one  year,  and  until  his  successor  is  qualified, 
who  shall,  before  he  enters  upon  the  duties  ot  his  office,  execute  a 
bond  to  the  city  with  security  in  the  penal  sum  of  five  hundred  dol¬ 
lars,  to  be  approved  by  the  city  council,  with  condition  that  he  will 
faithfully  discharge  the  several  trusts  and  duties  of  his  office,  as 
prescribed  in  this  or  any  other  ordinance,  and  subject  to  removal 
for  breach  of  duty,  by  a  vote  of  a  majority  of  the  city  council. 

§  2.  That  the  clerk  shall  attend  at  every  meeting  of  the  city 
•council,  and  shall  keep  a  correct  record  of  all  proceedings  of  the  city 
council,  and  safely  keep  the  corporate  seal,  aud  use  it  in  all  cases 
where  necessary,  whenever  applied  to  for  that  purpose ;  he  shall 
notify  all  members  of  the  city  council  of  said  city  of  all  special 
meetings  of  said  council,  by  personal  notice  of  the  time  of  such 
meeting,  or  through  the  post  office ;  he  shall  notify  all  committees 
appointed  by  said  council  of  their  appointment,  and  of  the  business 


REVISED  ORDINANCES. 


49 


referred  to  them ;  lie  shall  notify  all  judges  of  elections  of  their 
appointment,  and  he  shall  prepare  venires  for  opening  streets,  alleys, 
or  other  ways  under  the  city  charter  or  ordinances,  for  assessing  of 
datbages  under  the  direction  of  the  city  council;  he  shall  prepare 
orders  for  special  elections ;  he  shall  prepare  bonds  or  scrip  for  loans, 
and  perform  all  other  duties  which,  by  usage  and  custom,  devolve 
upon  clerks  and  secretaries  of  incorporated  bodies;  and  to  facilitate 
the  discharge  of  his  duties,  he  may  and  is  hereby  authorized  to  pro¬ 
cure  for  said  city  such  blank  forms  as  may  be  necessary  for  the 
above  purpose. 

§  3.  That  the  said  clerk  shall  keep  all  the  records,  papers,  ordi¬ 
nances,  votes  and  proceedings  of  the  city  council,  and  of  the  city  of 
Pekin  during  the  recess  of  the  city  council,  and  all  returns  of  assess¬ 
ments  and  of  election  of  city  officers,  and  shall  record  in  a  book  all 
ordinances  of  said  city,  and  all  the  appointments  of  officers  for  the 
city,  and  have  all  the  ordinances  published  immediately  after  their 
passage,  and  shall  not  suffer  any  records  or  paper,  or  other  instru¬ 
ment  of  writing,  to  be  taken  out  of  his  office  by  any  other  person  than 
himself,  the  mayor,  or  a  committee  appointed  by  the  city  council  to 
examine  accounts,  under  the  penalty  of  five  dollars  and  a  further 
forfeiture  of  the  amount  of  all  damages  that  may  accrue  by  the  loss  or 
obliteration  of  any  records  or  papers  of  the  city;  and  should  any  be 
lost  or  obliterated,  and  should  the  mayor  or  any  committee  of  exami¬ 
nation  as  aforesaid,  suffer  any  record  or  paper  entrusted  to  him  or  them 
by  the  clerk  to  be  lost  or  obliterated,  he  or  they  shall  be  responsible 
for  the  damage  that  may  accrue  by  such  loss  or  obliteration. 

§  4.  That  the  said  clerk  shall  keep  a  regular  account  of  debtor 
and  creditor  between  the  city  and  the  city  treasurer,  by  charging 
him  with  all  sums  received  by  him  as  exhibited  in  his  duplicate 
receipts,  and  credit  him  with  all  appropriations  made  by  the  council, 
and  for  which  the  said  clerk  shall  draw  his  order,  stating  in  the  same 
for  what  the  appropriation  is  made,  and  have  it  endorsed  by  the 
mayor  or  the  president  of  the  council,  and  affix  the  seal  of  the  city 
thereto;  and  also  shall  keep  a  regular  account  of  debtor  and  creditor 
when  appropriations  are  made  and  expenditures  ordered,  either  to 
the  committees  or  disbursing  agents. 

§  5.  That  the  said  clerk  shall  index  all  ordinances  by  their  titles, 
and  shall  keep  a  list  of  all  committees  appointed  by  said  council, 
and  of  the  business  respectively  from  time  to  time  referred  to  them, 

7 


50 


REVISED  ORDINANCES. 


s>ud  note  when  the  committees  report,  and  the  date,  and  the  nature 
of  their  report. 

§  6.  The  clerk  shall  he  required  to  enter,  in  a  hook  provided  for 
that  purpose,  a  true  and  correct  account  of  all  licenses  and  permfts 
granted,  the  date,  the  price  paid,  and  the  time  for  which  they  are 
granted,  and  for  what  purpose. 

§  7.  That  the  said  clerk  shall  sign  all  deeds,  contracts  and  leases 
made  by  the  council,  and,  in  conjunction  with  the  mayor,  sign  all 
ordinances,  bonds,  licenses,  and  orders  on  the  city  treasurer,  and  affix 
the  seal  of  the  city  thereto. 

§  8.  That  the  clerk  so  appointed  shall  receive  such  compensation 
as  the  city  council  of  the  city  shall  by  ordinance  provide, 


CITY  TREASURER, 

AN  ORDINANCE  providing  for  the  appointment  of  a  city  treasurer,  and 
prescribing  his  duties. 

Sec.  1.  Appointment  of  treasurer. 

2.  Duty  of  treasurer  to  give  duplicate  receipts. 

3.  Duty  of  treasurer  to  pay  orders. 

4.  Treasurer  to  keep  account  of  money  received. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  there  shall  be  annually  appointed  by  the  council  a 
city  treasurer,  to  serve  for  one  year  or  until  his  successor  is  qualified, 
who  shall,  before  he  enters  upon  the  duties  of  his  office,  execute  a 
bond  to  the  city  with  security,  in  the  penalty  of  such  an  amount  as 
the  city  council  shall  deem  sufficient,  to  be  approved  by  the  council, 
with  conditions  that  he  will  faithfully  discharge  the  several  trusts 
.and  duties  of  his  office,  as  prescribed  in  this  or  any  other  ordinance, 
and  be  subject  to  removal  from  bis  office  for  a  breach  of  duty,  by  a 
majority  of  the  council. 

§  2.  That  it  shall  be  tbe  duty  of  the  treasurer  of  the  city,  from 
time  to  time,  to  take  under  his  charge  all  money  belonging  to  the 
city  of  Pekin,  and  give  two  receipts  therefor  to  the  person  from 
whom  he  may  receive  the  same,  one  of  which  receipts  the  person  to 
whom  the  treasurer  may  give  them  shall  hand  over  to  the  clerk  of 
the  city  of  Pekin,  in  order  that  the  treasurer  may  be  charged  by  the 
said  clerk  with  the  amount;  and  in  no  case  shall  any  officer  of  the 
city  of  Pekin,  or  any  other  person,  be  released  from  his  responsi¬ 
bility  to  the  city  of  Pekin  for  any  money  he  may,  at  any  time,  have 


REVISED  ORDINANCES.  51 

in  his  possession  belonging  to  the  city,  until  he  shall  hand  over  to 
the  said  clerk  the  treasurer’s  receipt  for  the  same. 

§  3.  That  the  treasurer  shall  pay  out  of  the  city  treasury,  upon 
orders  drawn  on  him  by  the  city  clerk  of  the  city  of  Pekin,  which 
order  shall  state  for  what  purpose  the  money  is  appropriated,  and 
be  endorsed  by  the  mayor  or  president  of  the  council  and  sealed  with 
the  city  seal ;  and  the  orders  and  certificates  thus  drawn  shall  be 
vouchers  for  his  expenditures;  and  if  there  shall  be  no  funds  in  the 
treasury,  the  said  treasurer  shall  endorse  the  day  and  year  in  which 
the  same  was  presented,  and  all  orders  shall  be  paid  by  him  in  the 
order  in  which  they  were  presented. 

§  4.  That  said  treasurer  shall  keep  a  strict  account  of  all  moneys 
received  by  him  as  treasurer,  particularly  stating  under  proper  heads 
the  specific  source  from  whence  derived  and  from  whence  received, 
and  for  what  purpose  expended  ;  and  he  shall  make  quarterly  reports 
to  the. council  of  his  receipts  and  expenditures  and  return  his  vouch¬ 
ors;  and  the  said  treasurer  shall  receive  such  compensation  as  shall 
be  provided  by  ordinance  for  that  purpose. 


ENGINEER. 

AN  ORDINANCE  prescribing  the  duties  of  city  engineer  in  the  city  of  Pekin. 

Be  it  ordained  by  the  eity  council  of  the  city  of  Pekin  : 

Sec.  1.  That  it  shall  be  the  duty  of  the  city  engineer  to  superin¬ 
tend  the  grading,  curbing,  paving  or  planking  of  all  streets,  alleys, 
sidewalks,  public  squares,  public  landings,  drains  and  sewers,  and  all 
other  work  of  a  public  nature  relative  to  streets  and  bridges  in  the 
city  of  Pekin,  as  shall  be  directed  by  the  city  council,  and  to  con¬ 
tract  for  the  materials  for  the  same  when  directed  by  said  council ; 
also,  do  or  cause  .to  be  done,  when  required  by  said  council,  all  of  the 
civil  engineering  of  said  city;  to  establish  and  determine,  according 
to  the  plats  of  said  city,  when  required  by  any  person  or  persons  so 
to  do,  the  corners  of  sueh  lots  on  either  of  the  graded  streets,  or 
where  such  grade  has  been  established  by  said  city,  and  fix  a  stake 
on  the  corner  on  the  front  of  said  lots,  marking  on  said  stake  the 
number  of  feet  and  inches  the  top  of  said  stake  is  above  or  below  the 
grade  as  fixed  by  ordinance;  and  each  person  so  applying  shall  pay 
to  the  city  engineer  the  sum  of  two  dollars  for  each  and  every  lot 
so  staked  and  marked.  The  said  engineer  shall,  when  called  upon 


REVISED  ORDINANCES. 


by  the  city  council,  report  the  progress  of  all  or  any  contracts  in 
operation,  and  shall,  when  requested  by  the  city  council,  make  esti¬ 
mates  of  any  contemplated  improvement  and  report  the  same,  and 
perform  such  other  services  and  duties  as  may  be  required  of  him 
by  the  said  city  of  Pekin. 

CITY  MARSHAL. 

AN  ORDINANCE  for  the  appointment  of  a  marshal  for  the  city  of  Pekin, 
and  prescribing  his  duties. 

Sec.  1.  Appointment  of  marshal. 

2.  Duties  of  marshal  prescribed. 

Be  it  ordained  by  the  city  council  of  the  city  of  rekin: 

Sec.  1.  That  there  shall  be  annually  appointed  by  the  city  council 
a  city  marshal,  to  serve  for  one  year,  or  until  his  successor  is  quali¬ 
fied,  who  shall,  before  he  enters  upon  the  duties  of  his  office,  execute 
a  bond  to  the  city  with  security  in  the  penal  sum  of  five  hundred 
dollars,  to  be  approved  by  the  city  council,  with  conditions  that  he 
will  faithfully  discharge  the  several  trusts  and  duties  of  his  office  as 
prescribed  in  this  or  any  other  ordinance,  and  be  subject  to  removal 
from  office  for  a  breach  of  duty,  by  a  vote  of  a  majority  of  the  council. 

§  2.  It  shall  be  the  duty  of  the  city  marshal  to  execute  all  warrants, 
writs  or  summonses  issued  by  the  police  magistrate ;  to  suppress  all 
breaches  of  the  peace,  all  riots  and  disorderly  conduct ;  apprehend 
all  persons  who  may  be  violating  any  ordinance  of  the  city,  or  any 
law  of  the  state  within  the  limits  of  the  city,  and  convey  them  before 
the  police  magistrate,  then  and  there  to  answer  such  charges  and 
complaint  as  may  he  preferred  against  them,  and  generally  to  do  and 
perform  such  other  duties  as  may,  from  time  to  time,  be  imposed 
upon  him ;  and  he  is  hereby  required  to  convey  any  person  who 
shall  be  violating  any  ordinance  of  said  city,  to  the  city  or  county 
prison,  and  keep  them  there  confined  until  the  session  of  the  police 
magistrate’s  court  on  the  morning  following  such  arrest,  when  he 
shall  return  them  before  the  police  magistrate,  there  to  stand  by  and 
abide  the  order  of  the  court  iu  the  premises.  He'  shall  also  attend 
the  sessions  of  the  city  council  and  the  police  magistrate’s  court,  and 
perform  such  duties  as  may,  from  time  to  time,  he  required  of  him. 


REVISED  ORDINANCES. 


ASSISTANT  MARSHALS, 

AN  ORDINANCE  in  relation  to  the  appointment  of  assistant  marshals,  and 
the  duties  of  the  city  marshal  and  assistant  marshals. 

Sec.  1.  Assistant  marshals,  how  appointed. 

2.  Duties  and  powers. 

3.  Marshal  and  assistants,  how  to  mako  arrests, 

4.  To  wear  metal  star. 

6.  To  qualify  and  give  bond. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  the  city  council  shall,  from  time  to  time,  appoint  by 
resolution  such  assistant  marshals  for  said  city  as  they  may  deem 
necessary,  at  a  monthly  salary  and  for  a  period  of  time  to  be  fixed  in 
such  resolution. 

§  2.  That  when  appointed,  the  duties  of  the  assistant  marshals 
and  their  powers  for  preserving  good  order  in  the  city  of  Pekin,  and 
the  arrest  of  persons  for  violating  any  ordinance  of  said  city,  and 
calling  for  aid  upon  any  persons  to  arrest  offenders,  shall  be  the  same 
as  those  of  the  city  marshal ;  and  the  penalty  for  resisting,  hinder¬ 
ing  or  obstructing  the  assistant  marshal  in  the  exercise  of  his 
duties,  shall  be  the  same  as  that  imposed  for  resisting,  hindering  or 
obstructing  the  regular  city  marshal. 

§  3.  It  is  hereby  made  the  duty  of  the  city  marshal  and  the  assist¬ 
ant  marshals  to  arrest,  without  warrant,  upon  information,  all  persons 
whom  they  may  have  reasonable  ground  to  believe  have,  shortly 
preceding  such  information,  been  guilty  of  a  breach  of  the  peace,  or 
of  threats  to  break  the  peace  within  the  limits  of  the  city  of  Pekin , 
and,  if  such  arrest  be  made  in  the  day  time,  to  instantly  convey  any 
such  person  or  persons  before  the  police  magistrate  of  the  city, 
when,  if  complaint  be  made,  he  or  they  shall  be  forthwith  tried ; 
and  if  no  complaint  be  made,  he  or  they  shall  be  released  from  cus¬ 
tody  ;  or,  if  the  arrest  be  made  in  the  night  time,  they  shall  act  in 
accordance  with  the  provisions  of  the  twenty-seventh  section  of  an 
ordinance,  entitled  “An  ordinance  in  relation  to  certain  misdemean¬ 
ors,  nuisances  and  police  in  the  city  of  Pekin.” 

§  4.  Every  assistant  marshal  appointed  by  virtue  of  this  ordi¬ 
nance,  shall  wear  upon  his  breast  a  metal  star,  with  the  words 
“Assistant  Marshal”  engraved  thereon. 

§  5.  That  the  assistant  marshals,  when  appointed,  shall  be  quali¬ 
fied,  and  give  bond  in  the  same  manner,  and  for  the  same  amount, 


54 


REVISED  ORDINANCES. 


as  the  city  marshal  is  now  by  ordinance  required  to  qualify  and 
center  into  bond. 


STREET  COMMISSIONER. 

AN  ORDINANCE  providing  for  the  uappointment  of  street  commissioner, 
and  prescribing  his  duties. 

Sec.  1.  Appointment  of  street  commissioner. 

2.  Duties  prescribed,  and  neglect  or  refusal  to  work  on  streets  and 
alleys  ;  fine,  how  assessed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  there  be  appointed  by  the  council  a  street  commis¬ 
sioner,  to  serve  for  one  year  or  until  his  successor  is  qualified,  who 
shall,  before  he  enters  upon  the  duties  of  his  office,  execute  a  bond 
to  the  city  with  security,  in  the  penalty  of  five  hundred  dollars,  to 
be  approved  by  the  council,  that  he  will  faithfully  discharge  the 
several  trusts  and  duties  of  his  office,  as  prescribed  in  this  or  any 
other  ordinance,  and  be  subject  to  removal  from  office  for  a  breach 
of  duty,  by  a  majority  of  the  council. 

§  2.  It  shall  be  the  duty  of  the  street  commissioner  to  keep  the 
wharf,  streets  and  alleys  in  good  repair,  and  free  from  all  obstructions 
of  every  kind  and  character ;  observe  the  proper  grade  in  making 
his  repairs ;  see  that  the  bridges  are  kept  in  order  and  the  gullies 
and  sidewalks  clean  and  unobstructed;  remove  all  nuisances  of  every 
kind,  either  in  the  street,  alley,  or  on  any  lot  of  land  in  said  city,  or 
within  half  a  mile  of  the  limits  thereof;  he  shall  also  collect  all 
street  tax  assessed  on  the  inhabitants  of  said  city,  and  cause  the 
same  to  be  expended  or  worked  out,  together  with  any  other  money 
or  labor  given  him  in  charge  to  be  expended  or  worked  on  said 
streets  and  alleys.  And  he  shall  work  in  such  manner,  and  in  such 
time  and  place  as  the  city  council  shall,  from  time  to  time,  require 
of  him ;  he  shall  also  be  required  to  give  three  days’  notice  to  every 
able  bodied  man  over  the  age  of  twenty-one  and  under  fifty  years  of 
age,  who  shall  reside  within  the  limits  of  the  city,  of  the  time  and 
place  he  requires  him  to  work  on  said  street  and  alley ;  and  every 
person  so  notified  shall  be  and  is  hereby  required  to  work  at  the  time 
and  place  so  notified,  on  said  streets  and  alleys,  faithfully,  for  one 
day  of  ten  hours,  or  pay  the  street  commissioner  the  sum  of  one 
dollar  in  cash,  which  shall  be  in  full  for  all  street  taxes  in  said  city 


REVISED  ORDINANCES. 


or  oue  year;  but  sboufd  be  attend  and  neglect  or  refuse  to  dcr 
faithful  labor  as  required,  he  shall  be  immediately  discharged  by  the' 
street  commissioner,  and  shall  pay  the  sum  of  one  dollar  in  cash,  as 
aforesaid,  to  the  street  commissioner.  Any  person  who  shall  neglect 
or  refuse  to  work  or  pay  after  being  so  notified  verbally,  shall  be 
fiued  and  forfeit  and  pay  to  the  said  city  any  sum  not  exceeding 
three  dollars,  which  may  be  recovered  by  an  action  of  debt  or  other¬ 
wise ;  and  the  oath  of  the  street  commissioner  shall  be  evidence  to1 
prove  notice  or  other  things  relating  to  any  case  or  action  for  the 
penalty  for  neglecting  or  refusing  to  do  street  labor. 


WOOD  MEASURERS. 


AN  ORDINANCE  in  relation  to  wood  measurers  for  the  city  of  Pekin,  and 
defining  their  duties. 

Sec.  1.  Persons  not  permitted  to  buy  and  sell  wood  without  measuring, 
the  same. 

2.  Duty  of  measurers. 

3.  Penalty  for  selling  or  offering  to  sell  without  measurement. 

4.  Penalty  for  purchasing  without  measurement. 

5.  Penalty  for  falsifying  measurement. 

,0.  Penalty  for  not  measuring  when  requested. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  hereafter  it  shall  not  be  lawful,  within  the  corporate 
limits  of  said  city,  fur  any  person  or  persons  to  buy,  sell  or  dispose 
of  any  load  or  loads  uf  wood  without  first  having  the  same  measured, 
and  obtaining  from  the  wood  measurer  a  certificate  of  the  amount 
contained  therein. 

§  2.  It  shall  be  the  duty  of  the  measurer  of  wood  to  measure 
every  load  of  wood  brought  to  said  city  for  sale,  or  offered  for  sale 
in  said  city,  and  give  a  certificate  of  the  amount  contained  therein 
in  parts  of  a  cord  and  feet,  (each  cprd  to  be  divided  into  eight  parts,) 
to  the  person  offering  the  same  for  sale,  for  which  certificate  he  shall 
receive  ten  cents  fee,  and  to  enter  in  a  book  provided  by  him  for 
that  purpose,  the  name  of  the  owner  or  person  for  whom  the  same 
was  measured,  the  date,  and  the  quantity  contained,  and  the  amount 
of  fees  received  therefor,  and  to  make  quarterly  reports  to  the  city 
council,  and  oftener  if  required  by  said  council,  showing  the  number 
of  loads,  cords  and  parts  of  cords  of  wood  measured,  and  the  amount 


\ 


56 


REVISED  ORDINANCES. 


of  fees  received  by  him ;  and  also  to  pay  over  to  the  treasurer  of  the 
city  of  Pekin  whatever  may  be  due  after  deducting  one-half  of  the 
amount  of  the  net  proceeds  as  compensation,  and  take  his  duplicate 
receipts  therefor,  one  of  which  he  shall  deliver  to  the  city  council  at 
the  time  of  making  his  said  report. 

§  3.  That  every  person  who  shall  sell  or  offer  to  sell  any  wood  to  be 
consumed  in  the  city  of  Pekin,  shall  cause  the  same  to  be  measured 
and  obtain  a  certificate  of  the  net  measurement  thereof  from  the 
measurer  of  wood  of  the  city  of  Pekin;  and  any  persons  attempting 
to  sell  or  selling  any  wood  to  be  used  in  the  city  of  Pekin  as  afore¬ 
said,  without  having  obtained  the  aforesaid  certificate,  shall  forfeit 
and  pay  to  the  city  of  Pekin  the  sum  of  five  dollars  for  each  and 
every  offense,  or  each  and  every  load  so  sold,  bought,  disposed  of  or 
purchased,  anu  costs  of  suit,  to  be  collected  as  other  fines  are  col¬ 
lected  for  violation  of  city  ordinances. 

§  4.  If  any  person  or  persons  shall  purchase  any  wood  to  be  con¬ 
sumed  in  the  city  of  Pekin  without  the  same  having  been  measured 
by  the  city  measurer,  and  a  certificate  thereof  given  as  aforesaid,  he, 
she  or  they  shall  forfeit  and  pay  to  the  city  of  Pekin  the  sum  of  five 
dollars  for  each  and  every  offense  or  load  so  purchased,  to  be  recov¬ 
ered  as  aforesaid,  with  costs  of  suit. 

§  5.  That  if  any  person  shall  have  wood  measured  as  aforesaid, 
and  shall  sell  or  dispose  of  a  portion  thereof,  or  shall  diminish  the 
amount  thereof,  or  shall  in  any  manner  falsify  the  certificate  of  the 
measurer,  or  permit  the  same  to  be  done  with  intent  to  deceive  or 
defraud  any  person  or  persons,  he  shall  forfeit  and  pay  to  the  city 
of  Pekin  the  sum  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  to  be  recovered  as  other  penalties,  with  costs  of 
prosecution. 

§  6.  If  any  measurer  shall  neglect  or  refuse  to  measure  any  load 
or  quantity  of  wood,  when  required  so  to  do  between  the  hours  of 
sunrise  and  sunset  in  any  week  day,  upon  the  tender  of  his  regular 
fees  for  the  same,  he  shall  forfeit  and  pay  to  the  city  of  Pekin  the 
sum  of  ten  dollars  and  costs  of  suit,  to  be  recovered  as  other  penal¬ 
ties,  and  moreover  be  removed  by  a  majority  of  the  city  council 
from  said  office,  and  be  liable  to  the  party  injured  for  the  injury 
sustained  by  him. 


HE  VISED  ORDINANCES. 


57 


IIAY  AND  COAL. 

AN  ORDINANCE  regulating  the  weighing  of  hay  and  stone  coal  in  the  city 
of  Pekin. 

Sec-.  L  Persons  not  permitted  to  buy  or  sell  hay  or  coal  without  weighing 
the  same. 

“2.  Weight  of  hay  and  coal  established. 

3.  Price  of  weighing  hay  and  coal. 

4.  Weighmftster  to  keep  book  and  perform  other  duties. 

5.  Weighmaster  to  make  monthly  report,  pay  over  money;  compen¬ 

sation  ;  penalty. 

6.  Weighmaster  to  weigh  all  wagons  and  sleds. 

7.  Penalty  for  buying  hay  and  coal  without  having  the  same  weighed. 

8.  May  weigh  other  articles  ;  fee  for  the  same, 

9.  Weighmaster  and  marshal  to  enforce  this  ordinance;  may  be 

witnesses. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  hereafter  it  shall  not  be  lawful,  within  the  corporate 
limits,  for  any  person  or  persons  to  buy,  sell  or  dispose  of  any  load 
or  leads  of  hay  or  stone  coal,  without  first  having  the  same  weighed 
upon  the  eity  scales,  and  obtaining  from  the  weighmaster  of  the 
scales  «tipon  which  the  same  may  be  weighed  a  certificate  of  the 
weight  of  such  load  of  hay  or  coal. 

§  2,  The  weight  of  a  ton  of  hay  shall  be  twenty  hundred  net,  and 
the  weight  of  a  bushel  of  coal  shall  be  eighty  pounds. 

§  3.  The  price  for  weighing  a  load  of  hay  shall  be  ten  cents,  and 
the  price  of  a  load  of  coal  shall  be  ten  cents,  which  shall  be  paid  to 
the  weighmaster  before  he  shall  give  the  certificate  required  by  the 
first  section  of  this  ordinance. 

§  4.  It  shall  be  the  duty  of  the  weighmaster  to  keep  a  book,  in 
which  he  shall  enter  the  number  of  loads  of  hay  and  coal,  and  all 
ofrhtft*  articles  weighed  by  him,  and  give,  under  his  hand,  a  certificate 
stating  the  name  of  the  owner  or  agent  of  the  article  weighed,  the 
weight  of  the  same,  and  the  day  upon  which  the  same  was  weighed, 
and  also  the  number  of  pounds  of  hay  and  the  number  of  bushels  of 
coal  contained  in  such  load;  and  shall  preserve  in  a  book  a  duplicate 
of  said  certificate  for  the  use  of  the  city. 

§  5.  It  shall  be  the  duty  of  the  weighmaster  to  make  out  and 
return,  at  each  regular  quarterly  meeting  of  the  city  council,  and 
oftener,  if  required  by  said  council,  an  aggregate  amount  of  the 
receipts  of  the  scales;  and  shall  also  exhibit  to  said  board  the 
receipt  of  the  city  treasurer  for  whatever  sum  may  be  due  the  city 
after  deducting  one-half  of  the  net  proceeds  as  a  compensation  ;  and 

8 


58 


REVISED  ORDINANCES. 


any  weighmaster  neglecting  or  refusing  to  comply  with  the  provis¬ 
ions  of  this  section,  may  be  proceeded  against  on  his  bond,  and 
removed  from  office  at  the  discretion  of  the  city  council.  .  _ 

§  6.  It  shall  be  the  duty  of  the  weighmaster  to  weigh  all  wagons 
and  sleds  engaged  in  hauling  hay  or  coal,  and  shall  mark  the 
weight  of  the  wagon  on  the  bed  and  hind  axletree,  and  shall  mark 
sleds  on  the  bed  and  fore  part  of  the  runners;  and  they  shall,  from 
time  to  time,  if  any  change  has  been  made  in  any  wagon  or  sled  after 
being  once  weighed  and  marked  as  aforesaid,  or  if  the  said  weigh¬ 
master  shall,  at  any  time,  suspect  any  change  has  been  made,  re-weighi 
and  re-mark  such  wagon  or  sled. 

§  7.  If  any  person  or  persons  shall  buy,  sell,  dispose  of  or  purchase 
any  load  or  loads  of  hay  or  stone  coal,  without  first  having  the  same, 
weighed  upon  the  city  scales,  and  procuring  a  certificate  as  aforesaid, 
he  or  they  so  offending  shall,  for  each  and  every  offense,  or  for  each 
and  every  load  so  sold,  bought,  disposed  of  or  purchased,  forfeit 
and  pay,  for  the  use  of  the  city,  the  sum  of  five  dollars,  to  be  col¬ 
lected  as  other  fines  are  collected  for  violations  of  city  ordinances. 

§  8.  Said  weighmaster  may  permit  any  person  or  persons  to  weigh 
any  wagon-load  other  than  hay  or  coal,  and  shall  charge  such  person 
for  weighing  such  load  the  sum  of  ten  cents;  and  may  weigh  any 
other  article  or  thing  for  any  person  or  persons,  and  shall  charge 
him  or  them,  for  weighing  the  same,  the  sum  of  ten  cents. 

§  9.  It  is  hereby  made  the  duty  of  the  city  weighmaster  and  the 
city  marshal  to  exercise  due  diligence  in  seeing  that  all  hay  and 
coal  brought  within  the  limits  of  the  city  shall  be  weighed  upon  the 
city  scales ;  and  when  the  weighmaster  has  reason  to  believe  or  sus¬ 
pect  that  any  hay  or  coal  has  been  sold,  purchased  or  disposed  of, 
which  has  not  been  so  weighed,  he  shall  enter  a  complaint  before  the 
police  magistrate,  who  shall  proceed  against  the  person  offending  as 
in  other  cases  of  violation  of  the  city  ordinances. 


HEALTH. 

AN  ORDINANCE  to  preserve  the  health  of  the  city  of  Pekin,  and  to  pre¬ 
vent  nuisances  therein. 

Sec.  1.  City  marshal  to  cause  all  nuisances  to  be  removed. 

2,  City  marshal  to  ascertain  the  owners  of  dead  animals,  and  re¬ 
quire  them  to  be  removed. 

”.  Penalty  for  discharging  filth  in  the  river. 

4,  Penalty  for  offering  diseased  meats  for  sale. 


REVISED  ORDINANCES. 


59 

i>.  'Prohibiting  the  erection  of  slaughter-houses  and  other  nuisances 
witho-ut  permission. 

6.  Distilling  without  permission  ;  penalty. 

7.  Not  to  -obstiNaot  or  injure  public  grounds,  landings,  &c.,  under 

penalty. 

8.  Cellars  to  be  kept,  clean  and  pure. 

0.  Lots  to  he  kept  clear  of  water  and  other  offensive  things. 

10.  Cellars  to  be  kept  aired  and  limed. 

11.  Penalty  for  not  abating  nuisances  when  required  by  notice;  lota 

may  be  sold> 

12.  City  marshal  to  make  deeds  of  lots  sold. 

13.  Duty  of  city  marshal  to  enforce  ordinance. 

14.  City  marshal  to  report  to  city  council. 

-Be  it  ordained  by  the  city  counoil  of  the  city  of  Pekin: 

Sec.  1.  It  shall  be  the  duty  of  the  city  marshal  to  cause  to  be 
'removed  from  within  the  limits  of  the  city  of  Pekin,  all  offensive 
substances  and  nuisances,  which  shall  have  a  tendency  to  endanger 
'the  health  of  the  citizens. 

§  2.  It  shall  be  the  duty  of  the  said  city  marshal  to  ascertain  the 
owner  or  owners  of  any  domestic  animal  that  may  have  died  within 
the  limits  of  said  city,  and  to  notify  such  owner  or  owners  immedi¬ 
ately  to  remove  the  same  without  the  limits  of  the  corporation  ;  and 
should  the  owner  or  owners  neglect  to  remove  the  same  within  two 
hours  after  such  notice,  he,  £he  or  they  so  offending,  shall  be  fined, 
upon  conviction,  in  a  sum  not  exceeding  five  dollars,  and  it  shall  be 
the  duty  of  the  city  marshal  to  cause  the  same  to  be  removed  at  the 
expense  of  the  owner  or  owners,  which  expense  shall  be  sued  for  by 
him,  and  recovered  as  fines  under  this  ordinance  are  recovered. 

§  3.  Auy  person  or  persons  who  shall  discharge  or  cause  to  be 
discharged  into  the  Illinois  river,  within  the  corporate  limits  of  the 
city,  any  dead  animal  or  animals,  offensive  substances  or  nuisances, 
which  might  affect  the  health  of  the  citizeus,  such  person  or  persons 
so  offending,  upon  conviction,  shall  be  fined  in  a  sum  not  exceeding 
ten  dollars  for  each  and  every  offense,  and  it  shall  be  the  duty  of 
the  city  marshal  to  cause  the  same  to  be  removed  immediately  if 
practicable,  and  charge  the  expense  to  the  offender  or  offenders,  and 
sue  for  and  collect  the  same  in  the  same  manner  as  other  fines  under 
this  ordinance. 

§  4.  Any  person  or  persons  who  shall  offer  for  sale,  within  the 
'limits  of  the  incorporation  aforesaid,  any  blown,  stuffed,  milk-sick 
or  unsound  meats  or  articles  of  provision,  or  measly  pork,  or  shall 
sell  or  expose  to  sale,  within  the  limits  aforesaid,  any  sick  or  diseased 
live  animal,  usually  made  use  of  for  food,  for  the  purpose  and  design 


60 


REVISED  ORDINANCES. 


that  the  same  shall  be  used  far  food,  knowing  or  believing  the  same 
may  be  siek  or  diseased,  such  person  or  persons  so  offending,  upon 
conviction,  shall  be  fined  in  a  sum  not  exceeding  fifty  dollars  for 
each  and  every  offense. 

§  5.  Any  person  or  persons  who  shall  use  any  pen,  house,  build¬ 
ing,  shed  or  other  place  within  the  limits  of  this  incorporation,  for 
the  purpose  of  slaughtering,  and  who  shall  slaughter  any  neat  cattle, 
hog  or  sheep  therein,  without  permission  of  the  city  council  of  said 
city,  such  person  or  persons  so  offending  shall,  upon  conviction,  be 
fined  in  a  sum  not  exceeding  ten  dollars  for  each  and  every  offense; 
and  any  person  or  persons  who  shall  erect  or  occupy  any  building  or 
buildings  within  the  limits  of  the  corporation  of  the  city  of  Pekin  T 
as  an  oil  mill,  a  powder  house,  a  soap  or  candle  manufactory,  without 
express  permission  and  authority  of  the  city  council  of  said  city, 
shall,  for  every  such  offense,  pay  a  fine  not  exceeding  ten  dollars  for 
each  and  every  day  that  any  building  or  buildings  as  aforesaid  shall 
be  used  as  an  oil  mill,  a  powder  house,  or  soap  or  candle  manufactory, 
without  having  received  permission  and  authority  as  above  required;, 
and  all  persons  obtaining  permission,  as  aforesaid,  from  the  city 
council,  shall  enter  into  bonds  to  the  city  with  good  security,  in 
such  sum  as  the  city  council  may  fix,  that  they  will  keep  their  estab¬ 
lishment  clean  and  free  from  all  offensive  substances. 

§  6.  Any  person  or  persons  who  shall  use  or  occupy  any  building 
or  buildings  within  the  limits  of  the  city  of  Pekin,  as  a  distillery  for 
the  manufacture  of  ardent  spirits,  a  brewery,  or  tannery,  without 
having  express  permission  for  that  purpose  from  tbe*  city  council  of 
said  city,  shall,  for  each  and  every  offense,  pay  a  fine  not  exceeding, 
five  dollars  for  each  and  every  day  the  aforesaid  distillery,  brewery 
or  tannery  shall  be  so  used  without  receiving  permission  as  aforesaid. 

§  7.  If  any  person  or  persons  shall  obstruct  or  injure,  or  cause  to 
be  obstructed  or  injured,  any  public  ground,  landing,  avenue,  lane* 
or  alley  in  the  city  of  Pekin,  or  shall  erect  any  offensive  trade,  man¬ 
ufacture  or  business,  or  shall  continue  the  same  after  it  has  been 
erected  or  established,  or  shall,  in  any  wise,  pollute  or  obstruct  any 
water  course,  spring  or  pond,  or  common  sewer  within  the  limits  of 
the  said  city  of  Pekin,  upon  conviction,  shall  be  fined  not  exceeding 
one  hundred  dollars  ;  and  every  such  nuisance  shall,  by  order  of  the 
city  council  of  said  city,  be  removed  ,or  abated  by  the  city  marshal, 
and  the  expenses  of  renioving  or  abating  the  same  shall  be^ued  for 

,r'  4k. 


REVISED  ORDINANCES. 


61 


by  the  city  marshal,  and  recovered  as  other  fines  are  recovered  under 
this  ordinance. 

§  8.  That  cellars  or  ground  beneath  each  house  within  the  city 
shall  be  kept  free  from  water,  or  putrifying  or  vegetable  matter,  and 
all  noxious  things,  under  the  penalty  of  ten  dollars  for  each  twenty- 
four  hours  the  nuisance  continues,  to  be  recovered  from  the  owner 
or  occupier. 

§  9.  That  each  lot  or  part  of  lot  of  ground  within  the  city  shall 
be  kept  free  and  clear  of  water,  or  putrifying  vegetable  or  animal 
matter,  and  other  nauseous  or  offensive  things,  under  the  penalty  of 
ten  dollars  for  each  twenty-four  hours  such  nuisance  remains,  to  be 
recovered  from  the  owner  or  occupier. 

§  10.  That  each  cellar  within  the  city  shall  be  kept  well  aired 
and  inoffensive,  and,  when  ordered  by  the  city  council,  well  sprinkled 
with  lime  in  the  months  of  June,  July,  August  and  September,, 
under  the  penalty  of  ten  dollars  for  each  twenty-four  hours  such 
cellar  shall  be  and  continue  a  nuisance,  to  be  recovered  from  the 
owner  or  occupier;  and  that  each  privy  within  the  city  shall  be 
kept  clean  and  inoffensive  at  all  times,  under  the  penalty  of  ten 
dollars,  to  be  recovered  by  the  owner  or  occupier  of  the  premises  to 
which  the  same  may  be  attached. 

§  11.  That  if  the  owner  or  occupier  of  any  such  lot  or  part  of  lot, 
or  ground,  or  other  place,  shall  neglect  or  fail  to  abate  such  nuisance 
by  filling  up  such  lot,  or  cleansing  or  filling  up  such  cellar  or  other 
place,  for  the  space  of  ten  days  after  notice  given  to  him,  her  or 
them  by  the  city  marshal,  or  by  publishing  such  notice  in  some 
public  newspaper  printed  in  the  city  of  Pekin,  (in  case  the  said 
owner  shall  be  a  non-resident  of  said  city,)  for  the  space  of  four 
weeks,  then,  in  that  case,  it  shall  be  and  is  hereby  made  the  duty 
of  the  city  marshal  to  proceed  and  fill  up  said  lot,  or  cleanse  or  abate 
such  nuisance,  at  the  expense  of  the  city  of  Pekin,  and  to  ascertain 
the  cost  thereof,  and  assess  the  amount  of  such  expense,  together 
with  reasonable  charges  for  attending  to  the  same,  as  a  special  tax 
upon  such  lot  or  part  of  lot  whereon  such  nuisance  existed ;  and  if 
the  owner  or  owners  thereof,  after  having  had  thirty  days’  notice  of 
the  amount  of  such  tax  given  to  him,  her  or  them,  and  on  refusal  to 
pay  the  same,  then  it  is  hereby  made  the  duty  of  the  said  city  marshal 
to  advertise  the  said  lot  or  part  of  lot  so  taxed  as  aforesaid,  in  some 
public  paper  printed  in  the  city  of  Pekin,  for  the  space  of  four 


62 


REVISED  ORDINANCES. 


weeks,  for  sale,  to  satisfy  the  said  tax  and  costs;  and  at  the  time 
;and  place  appointed  in  such  notice,  to  sell  such  lot  or  part  of  lot  so 
taxed  as  aforesaid,  or  so  much  thereof  as  will  satisfy  the  same,  to 
the  person  or  persons  offering  to  pay  such  tax  and  costs  for  the  least 
quantity  of  such  lot  or  part  of  lot,  and  to  give  to  the  purchaser  or 
purchasers  thereof  a  certificate  of  such  purchase  and  sale ;  provided, 
if  the  owner  or  owners  of  such  lot  or  part  of  lot  shall,  within  two 
years  from  the  day  of  such  sale,  pay  to  the  city  marshal,  for  the  use 
of  the  purchaser  or  purchasers  thereof,  the  amount  of  such  bid, 
together  with  one  hundred  per  cent,  thereon,  and  the  amount  of  all 
taxes  and  assessments  made  upon  the  same  subsequent  to  such  sale; 
provided ,  further ,  that  if  said  lot  or  part  of  lot  so  sold  as  aforesaid 
belongs  to  a  minor  or  minors  at  the  time  the  same  is  sold  as  afore¬ 
said,  then  the  said  minors  shall  have  one  year  from  the  time  of  his, 
her  or  their  arrival  at  the  age  of  twenty-one  years,  to  redeem  the  same 
by  the  payment  of  the  amount  for  which  said  lot  or  part  of  said  lot 
was  sold,  and  one  hundred  per  cent,  thereon,  together  with  all  taxes 
and  assessments  had  or  made  upon  such  lot  or  part  of  lot,  from  the 
time  of  such  sale,  and  ten  per  cent,  interest  upon  the  amount  of 
such  payment  per  annum,  to  the  time  of  such  redemption. 

§  12.  If  the  same  shall  not  be  redeemed  as  aforesaid,  within  two 
years  from  the  time  of  such  sale,  then  the  city  marshal,  or  his  suc¬ 
cessor  in  office,  shall  make  and  deliver  to  said  purchaser,  or  to  his 
heirs  or  assigns,  a  deed  for  such  lot  according  to  such  certificate  of 
purchase,  with  a  proviso  that  the  same  may  be  redeemed  according 
to  law,  which  shall  vest  the  purchaser  thereof  of  all  the  right,  title 
and  estate  of  the  owner  thereof  in  fee  simple;  provided ,  that  the 
city  marshal  shall  not  make  any  deed,  under  this  ordinance,  unless 
the  purchaser  or  his  heirs  or  assigns  shall  have  complied  with  all 
the  provisions  of  the  constitution  in  relation  to  purchases  under  tax 
sales. 

§  13.  That  it  shall  be  the  duty  of  the  city  marshal,  upon  his 
knowledge  or  on  the  information  of  others,  to  cause  prosecutions  to 
be  immediately  instituted  for  offenses  against  this  ordinance  before 
the  police  magistrate,  or  any  court  having  competent  jurisdiction  ; 
and  upon  judgment  being  rendered  against  the  defendant  or  defend¬ 
ants,  execution  shall  issue  forthwith  thereon  for  the  fine  and  costs ; 
provided ,  that  when  the  offenders  are  non-residents  of  the  state,  suit 
by  attachment  may  be  instituted  for  such  fin^  as  in  case  of  ordinary 


REVISED  ORDINANCES. 


C3 

debt,  the  said  city  marshal,  in  the  name  of  the  city  of  Pekin,, 
before  any  court  having  jurisdiction  of  tho  same. 

§  14.  When  any  nuisance  shall  be  abated  by  the  city  marshal 
under  the  provisions  of  this  ordinance,  he  shall  forthwith  report  the 
game  to  the  city  council,  with  the  amount  of  cost  and  damages 
thereon ;  and  he  shall  also,  upon  all  sales  under  this  ordinance, 
report  the  same  to  the  city  council,  and  shall  keep  a  record  thereof 
himself,  showing  the  acts  done  by  him  in  the  premises. 


PROVIDE  AGAINST  CONTAGIOUS  DISEASES. 

AN  ORDINANCE  to  provide  against  contagious  diseases. 

Sec.  1.  Persons  with  contagious  or  infectious  diseases  to  keep  confined. 

2.  To  prevent  persons  having  communication  with  diseased  persons. 

8.  Persons  not  to  leave  their  place  of  abode. 

4.  Persons  having  small-pox  may  be  removed  beyond  the  city  limits. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  all  persons  having  small-pox,  varioloid,  or  other 
■contagious  or  infectious  diseases  in  the  city,  are  hereby  required  ta 
keep  closely  confined  within  their  respective  dwellings  or  place  of 
abode;  and  the  eity  marshal  shall  cause  suitable  notices,  with  the 
•character  of  the  disease  printed  or  written  in  large  letters  thereon, 
to  be  posted  up  in  the  most  conspicuous  place  on  or  near  such  build¬ 
ing  or  dwelling,  or  place  of  abode  in  which  such  contagious  or  infec¬ 
tious  disease  exists,  and  require  of  the  occupant  thereof  to  maintain 
such  notice  thereof  and  thereon  until,  in  the  opinion  of  the  city 
physician,  they  may  be  safely  discontinued. 

§  2.  It  shall  be  the  duty  of  every  owner  or  occupant  of  any  house 
or  building  where  any  person  is  or  may  be  who  has  any  disease 
believed  to  be  contagious,  to  prevent  any  and  all  persons,  except  the 
attending  and  consulting  physician  and  nurse  or  nurses  attending 
such  person  or  persons  having  such  disease,  from  having  communi¬ 
cation  with  such  diseased  person  or  persons  in  any  way  or  manner 
whatever. 

§  3.  No  person  shall  leave  his  or  her  place  of  abode  and  be  found 
going  about  the  city  after  the  small-pox  or  varioloid  eruption  has 
made  its  appearance  upon  him  or  her,  and  no  person  shall  be  allowed 
to  go  about  the  city,  or  visit  any  house,  or  dwelling,  or  other  build¬ 
ing  in  said  city,  who  lias  had  communication  with  any  person  having 


64 


REVISED  ORDINANCES. 


the  small-pox  or  varioloid,  except  the  attending  or  consulting  phy¬ 
sician. 

§  4.  Any  person  or  persons  having  the  small-pox  or  varioloid, 
may  be  removed  beyond  the  city  limits  at  the  discretion  of  the  city 
council  and  by  their  direction ;  and  any  person  failing  to  comply 
with  the  requirements  of  this  ordinance,  or  who  shall  violate  any  of 
the  provisions  of  this  ordinance,  shall  forfeit  and  pay  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars. 


FERRY  RATES. 

AN  ORDINANCE  to  establish  the  rates  of  ferriage  across  the  Illinois  river, 
at  the  city  of  Pekin. 

Sec.  1.  Ferry  rates. 

2.  When  double  ferriage. 

Jde  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  every  person  or  persons  crossing  the  Illinois  river  at 
the  city  of  Pekin,  shall  be  charged  the  following  rates  of  ferriage  : 

For  each  wagon  drawn  by  four 'horses  or  oxen,  forty  cents  each 
way. 

For  each  wagon  drawn  by  two  horses,  twenty  cents  each  way, 
(except  when  hauling  coal,  pork,  grain  or  wood;  then  they  shall  be 
charged  twelve  and  a  half  cents  each  way  for  two  horse  wagons, 
and  for  four  horse  wagons  twenty-five  cents  each  way.) 

For  each  wagon  drawn  by  one  horse,  fifteen  cents. 

For  each  gig  or  buggy  drawn  by  one  horse,  fifteen  cents. 

For  each  carriage  or  buggy  drawn  by  two  horses,  twenty-five  cents. 
For  each  man  and  horse,  ten  cents. 

For  each  man,  five  cents. 

For  each  led  horse,  five  cents. 

For  each  head  loose  cattle,  (calves  excepted,)  five  cents. 

§  2.  That  every  person  or  persons  crossing  the  Illinois  river  at 
the  ferry  in  the  city  of  Pekin,  shall  be  charged  double  of  the  rates 
of  ferriage  mentioned  in  section  first,  when  the  river  so  overflows 
the  bottom  on  the  opposite  side  of  the  river  (hat  it  will  be  necessary 
to  ferry  to  the  bluff. 


REVISED  ORDINANCES. 


65 

WHARF  BOATS  AND  PUBLIC  WHARVES. 

AN  ORDINANCE  in  relation  to  wharf  boats,  public  wharves  and  landings. 

Sec.  1.  Public  wharves  and  landings,  how  controlled  and  regulated. 

2.  No  person  to  keep  a  wharf  boat  without  special  license. 

3.  Keeping  wharf  boat  without  license  ;  penalty. 

4.  Execution  to  issue  unless  fine  and  costs  are  paid. 

5.  Rights  acquired,  not  to  affect. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  i 

Sec.  1.  That  all  the  ground  or  real  estate  west  of  the  west  side 
of  Front  street,  lying  between  the  north  side  of  Margaret  street  and 
the  south  side  of  Elizabeth  street,  owned  by  the  city  of  Pekin,  to 
the  lowest  water  mark,  and  all  the  ground  between  Water  street  and 
said  Illinois  river,  are  hereby  declared  to  be  public  wharves  and 
landings,  to  be  controlled  and  regulated  in  such  manner,  with  such 
rights,  and  under  such  penalties  as  the  city  council  shall,  from  time 
to  time,  think  expedient  to  enact. 

§  2.  Be  it  further  ordained ,  That  no  person  or  persons  shall  here¬ 
after,  without  special  license  first  had  and  obtained  from  the  city 
council,  have,  keep  or  maintain,  on  his  own  account,  or  for  the 
benefit  of  other  persons,  as  agent,  any  wharf  or  other  boat,  or  craft 
of  any  description,  in  the  Illinois  river  in  front  of  Water  street,  or 
so  much  thereof  as  lies  between  the  north  side  of  Margaret  street 
and  the  south  side  of  Elizabeth  street  aforesaid,  for  the  purpose  of 
vending,  receiving,  storing  and  forwarding  any  goods,  wares  or  mer¬ 
chandise,  or  produce,  or  any  article  whatever,  in  front  of  the  public 
wharves  and  landings  aforesaid,  in  said  city  of  Pekin ;  provided ' 
however,  that  this  section  shall  not  be  construed  to  extend  to  steam¬ 
boats,  canal  boats,  or  other  craft  lying  at  said  public  wharves  or 
landings  for  the  bona  fide  purpose  of  receiving  or  discharging 
freight,  goods,  wares,  merchandise  or  produce,  preparatory  to  their 
proceeding  on  their  voyage  on  said  Illinois  river. 

§  3.  That  if  any  person  or  persons  hereafter,  for  the  purpose  of 
vending,  receiving,  storing  or  forwarding  freight,  goods,  wares,  mer¬ 
chandise,  produce,  or  any  other  article  whatsoever,  shall  have,  keep, 
occupy,  use  or  maintain  any  wharf  boat  or  other  craft  at  or  in  front 
of  the  said  public  wharves  and  landings  aforesaid,  without  special 
license  as  aforesaid,  whether  on  his  or  their  own  behalf,  or  as  agent 
or  agents  of  others,  such  wharf  boat  or  other  craft  shall  be  considered 
and  is  hereby  declared  a  public  nuisance;  and  the  person  or  persons 


9 


66 


REVISED  ORDINANCES. 


so  keeping,  having,  occupying,  maintaining  or  using  the  same,  shall 
be  fined  the  sum  of  one  hundred  dollars  for  each  and  every  day  so 
offending  ]  which  said  fines  shall  be  collected  by  an  action  of  debt 
or  otherwise,  on  complaint  before  the  police  magistrate  of  said  city, 
as  in  other  eases  of  breach  of  an  ordinance  of  said  city  council  of 
said  city  of  Pekin. 

§  4.  And  it  is  further  ordained ,  That  if  the  person  or  persons  con¬ 
victed  of  a  breach  of  this  ordinance,  shall  not,  within  three  days 
after  the  said  conviction,  pay  and  satisfy  said  fine  and  costs  of  suit, 
execution  shall  issue  instauter,  returnable  in  twenty  days ;  and  the 
marshal  of  the  city  shall  levy  said  fine  and  costs  on  either  of  said 
boats,  or  any  property  of  the  person  or  persons  convicted  as  afore¬ 
said,  liable  to  execution,  and  shall  duly  advertise  and  sell  the  same, 
as  in  other  actions  of  debt,  as  constables  do  or  are  required  to  do, 
unless,  before  the  day  of  sale,  said  fine  and  costs  and  cumulative 
costs  shall  be  paid ;  and  if  said  fine  and  costs  shall  be  paid  before 
the  day  of  sale  as  aforesaid,  then  it  is  further  ordered,  that  if  said 
wharf  boat  or  other  craft  shall  remain  at  or  in  front  of  the  public 
landing  and  wharves  as  aforesaid,  and  if  said  fine  and  costs  and 
cumulative  costs  shall  not  be  paid,  and  said  wharf  boat  or  other  craft 
shall  be  sold  to  satisfy  said  fine  and  costs,  and  the  purchaser  or  pur¬ 
chasers  thereof  shall  suffer  said  boat  or  other  craft  to  lie  at  or  in 
front  of  said  public  wharves  or  landings,  then  the  city  marshal  of 
the  city  is  hereby  authorized  and  required,  with  or  without  process, 
to  remove  said  wharf  boat  or  other  craft  one-half  a  mile  beyond  the 
limits  of  said  city  of  Pekin ;  and  the  suffering  the  said  wharf  boat 
or  other  craft  to  remain  three  days  after  payment  of  fine  and  costs 
as  aforesaid,  after  purchase  as  aforesaid,  the  person  or  persons  con¬ 
victed  of  said  breach  of  ordinance,  if  said  fine  and  costs  shall  be 
paid,  or  if  said  fine  and  costs  shall  not  be  paid,  and  said  wharf  boat 
or  other  craft  shall  be  sold,  the  purchaser  thereof  shall  be  considered 
and  is  hereby  declared  guilty  of  a  breach  of  this  ordinance,  and 
liable  therefor  to  all  the  penalties  aforesaid. 

§  5.  And  it  is  further  ordained ,  That  this  ordinance  shall  be  con¬ 
strued  to  be  amendatory  of  all  ordinances  herein  before  passed  relative 
to  wharf  boats,  public  wharves,  public  landings,  and  shall  not  affect 
or  weaken  rights  acquired,  or  liabilities  incurred,  under  and  by 
virtue  of  any  of  the  ordinances  of  the  city. 


REVISED  ORDINANCES. 


PUBLIC  LANDINGS. 


AN  ORDINANCE  establishing  and  regulating  the  public  landings  in  the 
city  of  Pekin. 

•Skc.  1.  Public  landings  defined. 

ft.  Steamboats  only  to  land  at  certain  places;  penalty  for  landing 
other  boats. 

'3.  Harbor  master  to  assign  places  for  boats  ;  penalty  for  refusal  to 
obey. 

4,  Harbor  master  to  take  charge  of  certain  boats. 

o.  Harbor  master  to  retain  boats  until  claims  are  paid ;  may  sell 
the  same. 

>6.  Proceeds  of  sale,  how  disposed  of. 

7.  Proceedings  when  articles  are  left  on  the  landing. 

8.  Lien  created  on  boats,  &c.,  for  charges. 

9.  Shippers,  certain  privilege  granted  to, 

10.  City  to  retain  certain  per  centage  on  sales. 

11.  Rates  of  wharfage  fixed. 

12.  Harbor  master  to  keep  a  book  and  pay  over  money,  &c. 

13.  Penalty  for  injuring  or  obstructing  landing. 

14.  Penalty  for  refusal  to  pay  wharfage. 

15.  Provisions  not  to  extend  to  certain  licensed  boats. 

10.  Wharf  boats  may  be  licensed,  and  how  and  on  what  conditions. 

17.  Permission  to  repair  boats,  how  granted  and  by  whom. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  all  that  space  of  ground  on  the  river,  between  Mar¬ 
garet  and  Elizabeth  street,  shall  be  and  remain  permanent  steam¬ 
boat  landing. 

§  2.  That  no  raft  or  boat,  excepting  steamboats  and  their  barges 
and  the  ferry  boat,  shall  land  or  occupy  any  part  of  the  public  land¬ 
ing  between  Margaret  and  Elizabeth  streets,  in  said  city;  and 
should  any  such  boat  or  raft  so  land,  the  person  in  charge  thereof 
shall,  immediately  on  notice  so  to  do  by  the  harbor  master,  remove 
the  same;  and  on  the  failure  so  to  do,  every  such  person,  on  con¬ 
viction  thereof,  shall  be  fined  the  sum  of  ten  dollars,  and  a  further 
sum  of  ten  dollars  for  each  and  every  day  that  he  shall  Suffer  the 
same  to  remain  at  the  said  place  after  his  conviction. 

§  3.  That  the  harbor  master,  whenever  it  may  be  necessary,  shall 
assign  places  for  all  boats  and  rafts,  giving  preference  to  steamboats 
in  order  of  their  arrival,  and  every  person  in  charge  thereof  shall 
cause  the  same  to  be  removed  to  the  places  assigned ;  and  every 
person  failing  so  to  do  on  being  notified  by  the  harbor  master,  shall 
forfeit  and  pay  the  sum  of  ten  dollars  for  the  use  of  said  city;  pro¬ 
vided ,  that  no  boat  or  raft  shall  be  compelled  to  leave  the  place 
assigned  to  or  occupied  by  it,  to  give  place  to  a  steamboat,  while 
such  boat  or  raft  is  actually  employed  in  discharging  or  receiving  a 


68 


REVISE!)  ORDINANCES. 


cargo.  If  any  boat  is  not  removed  immediately  after  such  convic¬ 
tion,  it  shall  be  the  duty  of  the  harbor  master  to  remove  the  same 
at  the  expense  of  the  owner  thereof. 

§  4.  If  no  master,  owner  or  agent  shall  appear  to  take  charge  of 
any  boat  or  raft  lying  at  any  of  the  public  landings,  the  ^  harbor 
master  shall  take  charge  thereof;  and  if,  in  his  opinion,  the  public 
convenience  or  the  safety  of  the  boat  or  raft  require  it,  he  shall 
cause  the  same  to  be  removed,  as  he  shall  deem  advisable,  at  the 
expense  of  the  owner, 

§  5.  That  all  boats  and  rafts  shall  be  retained  in  the  custody  of 
the  harbor  master  until  all  fines,  forfeitures  and  charges  mentioned 
in  the  preceding  section,  and  all  charges  for  wharfage,  shall  be  paid 
by  the  owner  or  the  person  having  charge  thereof;  and  if  said  fines, 
forfeitures  and  charges  are  not  paid  within  twenty-four  hours,  the 
harbor  master  shall  sell  every  such  boat  or  raft,  at  public  auction,  to 
the  highest  and  best  bidder  for  cash,  first  having  given  at  least  ten 
days'  previous  notice  of  the  time  and  place  of  said  sale  by  publishing 
the  same  in  such  newspaper  in  said  city  as  the  city  council  shall 
direct,  and  posting  up  three  copies  thereof  in  three  of  the  most 
public  places  in  said  city. 

§  6.  That  the  proceeds  of  every  such  sale,  after  deducting  such 
fines,  forfeitures,  costs,  charges  and  costs  of  sale,  shall  be  paid  by 
the  harbor  master  into  the  city  treasury ;  and  such  proceeds,  after 
deductions  hereinafter  mentioned,  shall  be  paid  to  any  person  author¬ 
ized  to  receive  the  same,  by  the  treasurer,  on  the  presentment  of  an 
order  from  the  city  council,  signed  by  the  mayor  and  countersigned 
by  the  city  clerk ;  provided ,  that  the  same  shall  be  claimed  in  twelve 
months  after  such  sale. 

§  7.  That  no  person,  without  permission  of  the  harbor  master, 
shall  keep  or  cause  to  remain  at  the  public  landing  in  said  city,  any 
timber,  wood,  lumber,  brick,  sand,  or  stone  coal,  or  any  other  article 
or  thing  whatever,  so  as  to  obstruct  or  encumber  such  landing  for  a 
longer  time  than  twenty-four  hours,  and  the  same  shall  be  liable  to 
be  removed  at  any  time  when  necessary  for  the  public  good,  upon 
the  order  of  the  harbor  master,  if  the  owner  or  agent  of  the  same 
can  be  found  in  the  city;  and  upon  refusal  or  neglect  of  the  owner 
of  any  such  articles  or  commodities  as  contemplated  in  this  section, 
to  remove  the  same  by  the  time  specified,  or  upon  the  order  afore¬ 
said,  it  shall  be  and  is  hereby  made  the  duty  of  the  harbor  master, 


REVISED  ORDINANCES. 


after  the  expiration  of  the  said  twenty-four  hours,  or  after  notice  of 
the  order  of  said  harbor  master,  to  have  the  same  removed  to  some 
suitable  place,  where  it  may  be  safely  kept  until  all  fines,  forfeitures, 
fees  and  charges  are  paid ;  provided ,  if  any  property  so  taken  be  not 
paid  for  or  released  within  ten  days  after  its  removal  by  the  said 
officer,  he  shall,  after  giving  ten  days’  notice  thereof  by  posting  up 
notices  in  three  of  the  most  public  places  in  said  eity,  proceed  to 
sell  the  same  at  public  auction  to  the  highest  and  best  bidder  for 
cash,  and  after  deducting  a  reasonable  compensation,  which  is  hereby 
allowed  to  him,  and  all  necessary  expenditures  in  removing,  keeping 
and  selling,  together  with  ten  per  centum  commission  on  the  amount 
of  sale,  pay  the  balance  of  the  proceeds  of  such  sale  into  the  city 
treasury  within  ten  days  thereafter;  and  the  said  treasurer  shall 
pay  the  same  out  in  the  manner  provided  for  in  the  sixth  section  of 
this  ordinance. 

§  8.  That  for  all  proper  charges,  fines,  forfeitures,  costs  and 
expenses  incurred  by  the  harbor  master  in  removing  and  taking 
care  of  any  boat,  raft  or  other  property  by  virtue  of  this  ordinance, 
a  lien  is  hereby  created  against  any  such  boat,  raft  or  other  property; 
and  no  alienation  or  transfer  of  the  same  shall  affect  the  said  lien. 

§  9.  That  this  ordinance  shall  not  be  so  construed  as  to  prohibit 
or  prevent  the  landing  or  deposit  for  the  shipment  of  any  goods, 
merchandise,  lumber,  or  any  other  article,  product  or  material  of 
trade  or  business ;  but  no  person  or  persons  shall  occupy  or  encum¬ 
ber  any  part  of  said  landing  with  any  such  articles  or  materials  for 
a  longer  time  than  is  necessary  for  the  purpose  of  shipment,  under 
the  penalty  heretofore  provided  in  this  ordinance. 

§  10.  That  the  eity,  from  the  net  proceeds  of  all  sales,  to  be  paid 
out  by  the  treasurer  under  this  ordinance,  shall  retain  three  per 
cent,  when  such  proceeds  are  paid  out  or  refunded  to  the  person 
entitled  thereto. 

§  11.  That  the  following  rates  of  wharfage  shall  be  levied  and 
collected  by  the  harbor  master  for  the  use  of  the  city,  to  wit : 

1.  From  the  master  or  person  in  charge  of  every  steamboat  which 
may  land  at  the  public  landing,  the  sum  of  one  dollar  for  each  and 
every  landing  and  remaining  twenty-four  hours  or  less,  and  one 
dollar  for  every  succeeding  twenty-four  hours  or  less  the  same  may 
remain. 

2.  From  the  owner  or  person  in  charge  of  any  keel  boat,  canal 


70 


REVISED  ORDINANCES. 


boat,  flat  boat,  barge,  scow,  flat,  or  other  craft  which  may  land  at 
the  public  landing,  the  sum  of  one  dollar  for  each  and  every  land¬ 
ing  and  remaining  forty-eight  hours  or  less,  and  one  dollar  for  every 
succeeding  forty-eight  hours  or  less  the  same  may  remain. 

3.  From  the  owner  or  person  in  charge  of  every  raft  landing, 
containing  twenty-five  thousand  feet  or  less,  the  sum  of  two  dollars 
for  each  and  every  landing  and  remaining  forty-eight  'hours  or  less, 
and  one  dollar  for  every  succeeding  forty-eight  hours  or  less  the 
same  mav  remain. 

§  12.  That  the  harbor  master  shall  enter,  in  a  book  kept  for  that 
purpose,  all  money  received  by  virtue  of  this  ordinance ;  the  name 
of  persons  or  boats  from  whom  the  same  is  received  ;  the  specific 
amount  received  from  each,  and  for  what  so  received;  and  shall 
account  to  the  city  council,  at  their  stated  quarterly  meetings,  for 
the  same;  the  amount  accruing  to  the  city  shall  immediately  be 
paid  into  the  city  treasury  by  the  harbor  master,  and  treasurer’s 
receipt  therefor  be  filled  with  the  city  clerk ;  and  the  said  harbor 
master  shall,  on  or  before  the  first  day  of  December  in  each  year, 
make  out  and  hand  over  to  the  clerk  of  the  city  a  full  and  complete 
report  of  his  doings  for  the  previous  year. 

§  13.  That  if  any  person  shall  deface  or  in  any  manner  injure  any 
post,  ring  or  other  appurtenance  to  the  public  landing,  or  do  or 
cause  to  be  done  any  act  tending  in  any  manner  to  obstruct  or  injure 
the  public  landing,  by  depositing  in  the  water  or  on  the  shore  any 
manure,  filth,  rubbish,  earth,  or  other  thing,  he  shall  forfeit  and  pay 
a  sum  not  less  than  five  dollars  for  every  such  offense,  and  pay  all 
expenses  of  repairing  or  replacing  the  thing  injured,  and  of  remov¬ 
ing  all  obstructions  deposited  as  aforesaid. 

§  14.  If  the  master,  owner,  or  person  in  charge  of  any  steamboat, 
shall  land  his  boat  at  the  public  landing  in  said  city,  and  refuse,  on 
demand  made  by  the  harbor  master,  to  pay  the  wharfage  levied  by 
this  ordinance,  he  shall,  on  conviction,  forfeit  and  pay  the  sum  of 
ten  dollars,  and  the  further  sum  of  ten  dollars  for  every  hour  his 
boat  shall  be  at  said  landing  after  his  said  first  conviction,  and  until 
said  wharfage  is  paid ;  and  if  the  owner  or  person  in  charge  of 
any  other  boat  or  raft  mentioned  in  this  ordinance,  shall  land  the 
same  at  said  landing,  and  refuse,  on  demand  made  by  the  harbor 
master,  to  pay  the  wharfage  levied  by  this  ordinance,  he  shall,  on 
conviction,  forfeit  and  pay  the  sum  of  five  dollars,  and  the  further 


REVISED  ORDINANCES. 


71 


« 

gum  of  five  dollars  for  each  and  every  hour  such  boat  or  raft  shall 
remain  at  the  public  landing  after  his  said  first  conviction,  and  until 
the  wharfage  is  paid. 

§  15.  That  the  provisions  of  this  ordinance  in  relation  to  wharf¬ 
age  shall  not  extend  to  canal  and  other  boats  licensed  by  the  city 
council  to  sell  lumber  and  other  merchandise  ;  provided ,  such  boats 
do  not  occupy  the  landing  over  ten  days  under  any  such  license. 

§  16.  Any  person  wishing  to  keep  a  wharf  boat  at  the  public 
landing  shall  apply  for  permission  in  writing  to  the  council,  desig¬ 
nating  the  place  at  which  he  wishes  to  keep  such  wharf  boat,  and 
the  city  council  may  grant  a  license  therefor  for  one  year,  upon  such 
terms  and  subject  to  such  regulations  and  upon  the  payment  of  such- 
sums  of  money  as  they  may  deem  expedient,  said  license  to  specify 
the  place  to  be  occupied  by  such  wharf  boat,  and  to  be  issued  and 
paid  for  as  other  licenses  granted  by  said  city  council. 


FIRE  DEPARTMENT. 

AN  ORDINANCE  to  establish  and  regulate  the  fire  department  of  the  city 
of  Pekin. 

Sec.  1.  Fire  department,  what  to  consist  of. 

2.  Officers  elected  annually  ;  by  whom  elected ;  qualifications  of 

voters  ;  election,  how  conducted  ;  returns  ;  inspectors  ;  tie 
vote;  contested  election;  duty  of  city  clerk. 

3.  Chief  engineer,  powers  and  duties  of;  to  make  report  to  city 

council. 

4.  Assistant  engineer,  duty  of, 

5.  Members  to  be  divided  into  companies  ;  duties  of  company. 

6.  Duty  of  company  at  fires  ;  penalty  for  failure. 

7.  Semi-annual  report. 

8.  Public  parades. 

9.  Companies  now  organized. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  there  shall  be  a  fire  department  in  said  city  of 
Pekin,  which  shall  consist  of  a  chief  engineer,  assistant  engineer, 
and  such  fire  engine  men,  hose  men,  hook  and  ladder  men,  axe  and 
saw  men,  as  shall  compose  the  several  companies  organized  for  the 
charge  of  and  the  working  of  their  respective  apparatus. 

§  2.  The  chief  engineer  and  the  assistant  engineer  shall  be  elected 
annually  by  the  members  of  the  fire  department,  the  first  election 
to  be  held  on  the  first  Monday  of  October,  A.  d.  1862,  and  the  suc¬ 
ceeding  elections  on  the  same  day  of  each  year  thereafter;  and  at 


72 


REVISED  ORDINANCES. 


such  elections  all  members  of  the  different  companies  composing  the 
sfire  department,  ra  good  and  regular  standing,  shall  be  entitled  to 
vote.  But  no  oue  shall  vote  at  such  election  who  shall  not  have 
been  a  member  of  the  company  to  which  he  shall,  at  the  time  of  the 
election,  belong,  for  three  months  previous  to  the  election.  The 
election  for  said  officers  shall  be  by  ballot,  as  in  the  manner  in  which 
city  officers  are  elected,  and  shall  be  held  at  such  place  as  the  city 
council  may,  from  time  to  time,  direct;  and  the  judges  and  inspect¬ 
ors  of  such  election  shall  be  appointed  by  the  city  council.  If  at 
any  such  election  the  right  of  any  person  tendering  his  vote  shall  be 
challenged,  such  person  shall  be  required  to  prove,  by  the  exhibi¬ 
tion  of  the  books  and  other  records  of  the  company  to  which  he 
claims  to  belong,  and  by  his  own  oath  in  addition,  that  he  is  duly 
qualified  in  accordance  with  the  provisions  of  this  ordinance  to  vote 
at  such  election ;  and  no  unchallenged  vote  shall  be  received  unless 
the  foreman  or  other  chief  officer  of  the  company  shall  affirm  that 
the  person  tendering  the  vote  i3  a  duly  qualified  member  of  the 
company.  The  person  receiving,  at  such  election,  the  greatest  num¬ 
ber  of  votes  for  each  of  said  offices,  shall  be  declared  duly  elected, 
if  the  election  shall  not  be  set  aside.  The  inspectors  shall  return  to 
the  city  council,  at  their  next  regular  meeting  after  such  election, 
the  poll-books  of  such  election,  with  their  certificate  duly  signed  by 
them,  or  a  majority  of  them ;  and  unless  such  election  shall  be  set 
aside,  the  person  receiving  the  highest  number  of  votes  for  each  of 
said  offices,  shall  be  qualified  (without  bond)  as  other  city  officers 
are  qualified.  The  inspectors  of  said  election  shall  be  qualified  as  is 
provided  in  an  ordinance,  entitled  “An  ordinance  regulating  the 
mode  of  holding  general  and  special  elections  in  the  city  of  Pekin, ” 
and  shall  have  the  powers  in  said  ordinance  provided,  and  be  in 
general  governed  by  the  provisions  of  said  ordinance  so  far  as  appli¬ 
cable,  especially  in  the  manner  of  returning  the  poll  books.  Should 
there  be  a  tie  for  either  or  both  of  said  officers,  the  city  council  may 
appoint  the  same  from  among  the  candidates  for  each  office  receiv¬ 
ing  an  equal  number  of  votes.  Should  either  of  the  candidates  at 
such  election  be  dissatisfied  with  the  result  and  wish  to  contest  the 
same,  he  shall  give  notice  of  his  intention  to  do  so  at  the  meeting 
of  the  council  to  which  the  inspectors  make  their  return,  when  the 
city  council  may  hear  testimony  upon  the  fairness  of  the  election  at 
that  or  an  adjourned  meeting,  and  if  satisfied  that  the  election  has 


73 


REVISED  ^ORDINANCES. 

been  unfairly  conducted,  may  order  a  new  election.  The  pay  of 
inspectors  and  clerks  at  such  election  shall  be  the  some  as  in  other 
elections  under  the  city  ordinances.  The  clerk  of  the  city  shall 
deliver  to  the  said  chief  engineer  and  assistant  engineer  a  certificate 
of  election  as  soon  as  practicable  after  their  election. 

§  o.  In  case  of  fire  in  the  city  limits  the  chief  engineer  shall  have 
sole  and  absolute  control  over  alt  members  of  the  fire  department, 
and  over  all  operatives  necessary  in  extinguishing  fires,  or  in  pre¬ 
venting  the  spread  thereof,  except  that  no  building  shall  be  torn 
down,  blown  up  or  otherwise  destroyed  at  a  fire  unless  by  the 
authority  of  the  mayor  of  the  city,  if  within  the  city  limits  at  the 
time.  And  the  chief  engineer  is  hereby  empowered,  in  case  of  fire, 
to  command  the  aid  of  all  citizens  to  extinguish  or  prevent  the 
extension  of  the  same;  and  any  citizen  who,  upon  being  so  com¬ 
manded,  shall  refuse  to  render  such  aid,  shall,  unless  in  case  of 
bodily  disability,  upon  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  one  hundred  dollars,  nor  less  than  one  dollar.  It  shall 
be  the  duty  of  the  chief  engineer  to  report  to  the  city  council  semi¬ 
annually,  at  their  regular  meetings  in  May  and  November  of  each 
year,  the  condition  of  the  apparatus  of  the  different  fire  companies, 
and  also  of  the  buildings  in  which  the  same  may  be  kept;  and  also 
to  recommend  such  alterations  and  improvements  in  said  apparatus 
and  buildings  as  he  may,  from  time,  to  time,  deem  expedient;  and 
also,  to  see  that  the  different  companies  of  the  department  keep 
their  apparatus  in  order  for  instant  use;  and,  upon  failure  of  the 
companies  {So  to  do,  the  chief  engineer  shall  see  to  the  same  being 
done,  and  report  the  same  in  his  semi-annual  reports  afofesaid. 

§  4.  The  assistant  engineer  shall  assist  the  chief  engineer,  and 
obey  his  orders  for  the  extinguishing  and  preventing  the  spread  of 
fires,  and,  in  the  absence  of  the  chief  engineer,  is  hereby  clothed 
with  all  his  powers,  and  will  discharge  all  his  duties. 

§  5.  The  members  of  the  fire  department  will  be  divided  into 
companies,  the  names  of  which  will  be  designated  by  themselves, 
except  that  no  two  shall  be  alike;  and  each  company  shall  have  the 
sole  charge  of  the  engine  or  other  apparatus  committed  to  its  care 
by  the  city,  except  as  subordinate  to  the  chief  and  assistant  engin¬ 
eers,  and  be  responsible  for  the  proper  care  and  s,afe  keeping  of  the 
same;  and  each  company  shall  consist  of  so  many  members  as  may 
be  necessary  for  the  proper  care  and  efficient  working  of  the  appara- 

10 


74 


REVISED  ORDINANCES. 


tus  in  its  charge.  Each  company  shall  elect  such  officers  as  the 
members  thereof  may  deem  necessary  for  the  proper  control  of  the 
company  and  the  discharge  of  its  duties.  And  the  officers  shall  be 
distinguished  by  some  conspicuous  sign  or  badge ;  and  the  mem¬ 
bers,  whenever  called  out  for  review,  parade  or  duty,  shall  be  clothed 
in  some  distinguishing  uniform,  with  the  full  name  or  initial  letters 
of  the  company  upon  the  frontispiece  of  the  hat  or  cap,  or  upon  the 
belt;  and  no  engine  or  other  fire  apparatus  shall  be  given  to  any 
company  until  they  have  organized  in  compliance  with  the  provis¬ 
ions  of  this  ordinance.  Each  company  shall,  by  its  officers,  have 
the  sole  and  absolute  control  of  its  own  engine  or  other  fire  apparatus, 
except  as  they  may  be  subordinate  to  the  chief  and  assistant  engin¬ 
eers,  and  except  as  the  city  council  may  by  ordinance  provide;  and 
in  case  of  fire  each  company  shall  be  controlled  by  its  own  officers, 
and  are  hereby  empowered  to  keep  away  from  their  engines  and 
other  apparatus  all  persons  intermeddling  or  interfering  in  any  man¬ 
ner  with  the  same,  or  with  the  company, 

§  6.  Upon  an  alarm  of  fire,  it  shall  be  the  duty  of  the  different 
companies  organized  under  the  provisions  of  this  ordinance,  to 
immediately  repair  to  the  scene  of  the  fire  with  their  apparatus,  and 
there  act  in  implicit  obedience  to  the  orders  of  the  chief  and  assist¬ 
ant  engineers;  and  in  the  absence  of  both  engineers,  the  chief  officer 
of  the  company  first  upon  the  ground  shall  have  the  power  of  the 
chief  engineer;  and  no  company  shall  remove  from  the  place  they 
may  be  stationed  without  the  express  order  of  the  chief  engineer  or 
other  person  discharging  the  duties  of  the  chief  engineer,  nor  shall 
any  company  refuse  to  obey  his  orders ;  and  in  case  of  willful  failure 
to  obey  the  orders  of  the  chief  engineer  or  his  assistant,  or  other 
person  discharging  the  duties  of  chief  engineer,  the  city  council 
may  take  from  the  company  so  failing  in  their  duty,  the  engine  or 
other  fire  apparatus,  and  all  other  property  belonging  to  the  city ; 
and  upon  the  chief  engineer  reporting  to  the  city  council  in  his 
semi-annual  report,  or  at  any  other  time,  that  any  company  has  so 
failed  to  obey  his  orders,  or  neglects  to  keep  in  good  repair  and 
ready  for  instant  use  the  fire  apparatus  intrusted  to  it,  or  that  any 
company  has  not  sufficient  members  for  the  proper  and  efficient 
working  of  the  same,  the  city  council  shall  take  from  such  company 
the  apparatus  intrusted  to  it. 

§  7.  The  chief  engineer  shall  include  in  his  semi-annual  reports 


REVISED  ORDINANCES. 


75 

the  numbers  of  each  company,  and  whether  such  number  is  sufficient 
for  the  purposes  for  which  said  company  is  organized,  as  also  the 
names  of  the  principal  officers  of  each  company;  and  each  company 
is  hereby  required  to  allow  the  chief  engineer  free  access  to  their 
books  and  records  and  buildings,  for  purposes  of  inspection  and.* 
making  of  his  said  reports. 

§  8.  The  chief  engineer  shall  cause  at  least  two  public  parades  or 
reviews  of  the  fire  department  in  each  year,  on  the  first  Mondays  of 
May  and  October,  when  the  same  may  be  inspected  by  the  mayor 
and  city  council ;  and  it  is  hereby  made  the  duty  of  each  company 
to  turn  out  in  full  uniform,  with  their  different  apparatus,  upon  such 
parade  or  review;  and  a  neglect  to  do  so  shall  be  treated  in  the  same 
manner  as  provided  in  case  of  willful  disobedience  of  orders  in  case 
of  fire. 

§  9.  All  fire  companies  now  organized  in  said  city  shall  be  con¬ 
sidered  as  organized  under  the  provisions  of  this  ordinance,  except 
so  far  as  anything  in  said  companies,  or  either  of  them,  may  be 
inconsistent  thereto. 


ELECTIONS. 


AN  ORDINANCE  regulating  the  mode  of  holding  general  and  special  elec¬ 
tions  in  the  city  of  Pekin. 

* 

Sec.  1.  Council  to  appoint  inspectors  in  each  ward,  and  oath  of  inspect¬ 
ors  and  clerk. 

2.  Duty  of  inspectors  to  give  notice  of  elections. 

3.  Vacancy  to  be  filled. 

4.  Annual  election  to  be  the  third  Monday  in  April. 

5.  Mayor,  election  of,  special. 

6.  Challenge  vote  ;  oath  of  voter  required. 

7.  Counting  votes,  and  manner  of  making  returns. 

8.  To  preserve  and  return  votes  received  to  council,  with  poll 

book,  &c. 

0.  Duty  of  city  clerk. 

10.  Equal  number  of  votes,  how  determined  who  is  elected. 

11.  Contested  election,  how  to  proceed. 

12.  Chairman  of  committee  and  city  council  to  administer  oaths. 

13.  Penalty  for  voting  more  than  once. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  the  city  council  shall  annually  appoint  three  inspect¬ 
ors  of  elections  in  each  ward  of  said  city.  Said  inspectors  shall  be 
qualified  voters  at  the  time  of  their  appointment,  and  hold  their 
office  for  one  year  and  until  their  successors  are  appointed.  Said 


76 


REVISED  ORDINANCES. 


inspectors  in  each  ward  shall  appoint  their  own  clerks,  who  shall 
possess  the  same  qualifications  of  inspectors;  and  the  said  inspectors 
and  clerks  shall  take  the  following  oath  or  affirmation  previous  to> 
taking  any  votes  at  any  election,  to  wit : 

“  I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  will  perform  the  duties 
of  inspector  (or  clerk  as  the  case  may  be)  according  to  law  and  the  best  of 
my  ability.  That  I  will  studiously  endeavor  to  prevent  fraud,  deceit  and 
abuse  in  conducting  the  same.  So  help  me  God,  (or  so  I  affirm.)” 

Which  said  oath  or  affirmation  may  be  administered  by  a  justice 
of  the  peace  or  notary  public  in  said  city,  or  in  their  absence  either 
of  the  inspectors  of  said  election  may  administer  the  same  to  each 
other  and  to  the  said  clerks,  and  certify  the  same  upon  said  poll 
books  of  such  election. 

§  2.  That  said  inspectors  shall,  before  any  general  or  special  elec¬ 
tion,  provide  a  convenient  place  for  holding  such  election  in  the 
respective  wards,  and  shall  give  at  least  ten  days’  notice,  by  posting 
in  at  least  two  of  the  most  public  places  in  their  respective  wards, 
of  the  time  and  place  of  holding  such  election,  and  the  nature 
thereof,  and  shall  make  returns  under  their  hands  and  seals  to  the 
clerk  of  the  city  of  Pekin.  * 

§  3.  That  in  case  a  vacancy  shall  occur  in  the  office  of  inspector 
of  election,  by  death,  resignation  or  otherwise,  it  shall  and  may  be 
lawful  for  the  mayor  of  said  city  to  fill  such  vacancy  by  appointment, 
in  writing,  to  be  filed  with  the  clerk  of  the  city  of  Pekin;  and  the 
said  clerk  shall  give  notice  thereof  to  the  person  so  appointed ;  and 
in  case  the  mayor  be  absent  or  the  office  of  mayor  be  vacant,  the 
city  council  shall  make  such  appointment. 

§  4.  That  all  annual  elections  shall  be  held  on  the  third  Monday 
of  April  in  each  and  every  year,  and  the  polls  shall  be  kept  open 
from  eight  o’clock  A.  M.  until  sis  o’clock  p.  M.,  of  said  day,  until 
otherwise  ordered  by  the  city  council  for  the  election  of  city  officers. 

§  5.  That  in  case  of  the  resignation  or  death  of  the  mayor  of  the 
city,  it  shall  be  the  duty  of  the  clerk  of  the  city  to  issue  an  order  to 
the  several  inspectors  of  elections  in  the  several  wards  of  the  city, 
to  give  public  notice,  as  is  required  by  section  second  of  this  ordi¬ 
nance,  and  who  shall  conduct  the  same  in  the  $ame  manner  as  at 
general  elections,  and  make  like  returns  thereof  to  the  clerk  of  said 
city. 

§  6.  When  any  person  shall  present  himself  to  give  his  vote,  and 
either  of  the  inspectors  of  the  election  shall  suspect  that  such  person 


REVISED  ORDINANCES. 


77 


does  not  possess  the  requisite  qualifications  of  an  elector,  or  if  hi» 
vote  shall  be  challenged  by  any  elector  who  has  previously  voted  at 
such  election,  the  inspectors-  of  the  election  shall  tender  to  such 
person  an  oath  or  affirmation,  in  the  following  form  : 

“You  do  swear  that  you  have  resided  in  the  state  of  Illinois  twelve 
months  next  preceding  this  election,  and  that  you  are  a  citizen  of  the 
United  States,  (or  was  an  inhabitant  of  the  state  of  Illinois  on  the  first  day 
of  April,  1848,)  and  that  yon  are  twenty-one  years  of  ag«y  and  that  you 
have  resided  in  the  city  of  Pekin  three  months  next  previous  to  this  elec¬ 
tion,  and  have  resided  in  this  ward  ten  days  next  preceding  this  electlony 
and  that  you  have  not  voted  at  this  election.  So  help  you  God.” 

And  if  the  person  so  offering  his  vote  shall  take  such  oath  or 
affirmation,  his  vote  shall  be  taken,  unless  it  shall  be  proven  by 
evidence  satisfactory  to  a  majority  of  the  inspectors  that  said  oath 
or  affirmation  is  false ;  and  if  such  person  shall  refuse  to  take  such 
oath  or  affirmation,  his  vote  shall  be  refused. 

§  7.  When  the  votes  shall  have  been  examined  and  counted,  the 
clerks  shall  set  down  in  their  poll  books  the  name  of  every  person 
voted  for,  written  at  full  length,  the  office  for  which  such  person 
received  such  vote  or  votes,  and  the  number  he  did  receive,  the 
number  being  expressed  in  words  at  full  length ;  such  entry  to  be 
made  as  near  as  circumstances  will  admit  in  the  following  form : 

“  At  an  election  held  in - ward,  in  the  city  of  Pekin,  in  the  county 

of  Tazewell  and  state  of  Illinois,  on  the - day  of - ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and - — ,  the  following  named* 

persons  received  the  number  of  votes  annexed  to  their  respective  namesr 
for  the  following  described  offices,  to  wit: 

A.  B.  had  fifty  votes  for  mayor. 

C.  D.  had  fifty  votes  for  mayor. 

E.  F.  had  fifty  votes  for  alderman, 

G.  H.  had  twenty  votes  for  alderman. 

I.  J.  had  ten  votes  for  aldermen. 

And  in  the  same  manner  for  any  other  person  or  offices  voted  for. 

Certified  by  us  under  our  hands  and  seals,  at  the  city  of  Pekin,  this 
- day  of - ,  18 - . 

A.  B.  )  Inspectors  of  the  election 

C.  D.  Vin  the  -  ward,  city 

E.  F.  J  of  Pekin. 

G.  H.,  \  Clerks  of  the  election  in  the 
I.  J.,  J  - ward,  city  of  Pekin.” 

§  8.  It  shall  be  the  duty  of  the  inspectors  to  cause  every  vote 
/received  and  counted  to  be  strung  upon  a  thread  or  wire  and  safely 
/preserved,  and  which  shall  be  put  in  the  ballot  box  by  the  said 
.inspectors  of  the  said  election  and  sealed  up,  which  shall  he  returned 
-to  the  clerk  of  the  city  of  Pekin,  together  with  one  of  the  poll  books, 
•finder  separate  cover  and  seal,  directed  to  the.  clerk  of  the  eity  of 


[seal] 

Attest : 
[seal] 


78 


EE  VISED  ORDINANCES. 


Pekin ;  and  the  ballot  box  and  packet  thus  sealed  up  shall  be  deliv¬ 
ered  to  the  said  clerk  by  one  of  the  inspectors  or  clerks  of  said  elec¬ 
tion,  within  one  day  from  the  close  of  the  polls,  and  the  other  poll 
book  shall  be  deposited  with  one  of  the  inspectors  of  the  election  y. 
and  the  said  poll  book  shall  be  subject  to  the  inspection  of  any 
elector  who  may  wish  to  examine  the  same;  and  if  any  inspector 
or  clerk  of  an  election  shall  fail  to  deliver  such  ballot  box  and  poll 
book  to  the  clerk  of  the  city  of  Pekin  within  the  time  prescribed  by 
this  section,  safe,  and  the  seals  unbroken,  he  shall,  for  every  offense^ 
forfeit  and  pay  the  sum  of  one  hundred  dollars,  for  the  use  of  said 
city,  to  be  recovered  in  any  court  having  jurisdiction  thereof,  in*  am 
action  of  debt  in  the  name  of  the  city  of  Pekin. 

§  9.  It  shall  be  the  duty  of  the  clerk  of  the  city  of  Pekin,  to  pre¬ 
serve  the  several  ballot  boxes  and  poll  books,  and  to  deliver  the  same 
■over  to  the  mayor,  or  in  his  absence  to  the  president  pro*  term,  at 
the  first  meeting  of  the  city  council  after  said  election  in  said  city,, 
when  he  shall,  in  the  presence  of  said  council,  open  the  several  poll 
books  so  returned,  and  the  council  shall  canvass  the  same  and  cause 
the  clerk  of  the  city  to  make  out  certificates  to  the  persons  having 
the  highest  number  of  votes  for  the  respective  offices  as  elected 
thereto,  who  shall  deliver  the  same  to  the  persons  therein  named. 

§  10.  If  it  shall  happen  that  there  be  no  choice  in  the  election 
of  any  officer  by  reason  of  two  or  more  persons  having  an  equal 
number  of  votes  for  the  same,  it  shall  be  the  duty  of  the  clerk  to 
prepare  a  number  of  ballots  for  each  of  the  candidates  having  an 
equal  number  of  votes,  equal  to  the  number  of  members  of  said 
council  then  present,  and  shall  write  the  names  of  such  candidates 
on  the  ballots  prepared  for  them  respectively ;  he  shall  then  deposit 
the  said  ballots  in  a  box  in  such  a  manner  that  no  person  drawing  a 
ballot  shall  know  the  $ame  written  thereon,  and  each  member  of' 
the  council  then  present  shall  draw  one  ballot  from  said  box,  andi 
the  candidate  whose  name  shall  have  a  plurality  of  the  ballots  thus 
drawn,  shall  be  declared  duly  elected  to  said  office ;  if  two  or  more 
names  shall  appear  on  an  equal  number  of  ballots  thus  drawn,  and 
said  number  be  the  highest,  then  a  new  ballot  shall  be  made  between 
them  in  like  manner,  dropping  one  of  the  candidates,  and  so  on 
until  an  election  by  lot  is  effected  in  the  manner  already  provided 
for. 

§  11.  When  any  person  who  has  been  a  candidate  for  the  office 


REVISED  ORDINANCES. 


79 


of  mayor  or  alderman  in  said  city,  shall  intend  to  contest  the  electioni 
of  the  candidate  in  whose  favor  the-  return  has  been  made,  it  shall 
be  his  duty,  within  ten  days  from  the  day  of  such  election,  to  give 
notice  in  writing  of  such  intention  to-  the  person  whose  election  he 
intends  to  contest,  either  by  personal  service  of  such  notice  or  by 
leaving  the  same  at  his  usual  place  of  residence ;  and  it  shall  be  the 
duty  of  the  contesting  party,  within  the  time  aforesaid,  to  file  a 
petition  with  the  clerk  of  the  council,  addressed  to  the  said  council, 
and  setting  forth  his  intention  to  contest  the  said  election,  together 
with  the  points  upon  which  it  is  to  be  contested;  and  thereupon  the 
city  council  shall  appoint,  at  their  next  meeting,  a  committee  of 
three  to  examine  into  the  case  and  report  thereon  to  the  said  coun¬ 
cil;  said  committee  shall  proceed  to  discharge  the  duty  assigned 
them  by  hearing  testimony  or  otherwise,  having  first  given  five  days’ 
notice  of  the  time  and  place,  to  both  parties,  of  making  such  inquiry, 
and  shall  report  the  result  of  their  inquiry  to  the  city  council,  with 
a  brief  view  of  the  testimony  in  the  case,  and  of  the  reasons  of  their 
decision ;  and  thereupon  the  contest  shall  be  finally  determined  by 
a  vote  of  said  city  council;  gr&vided ,  however,  that  the  council, 
before  such  final  determination,  may,  if  they  think  fit,  proceed  to 
examine  the  testimony  in  the  case,  upon  giving  like  notice  to  the 
parties  as  herein  before  provided. 

§  12.  That  the  chairman  of  any  committee  appointed  under  the 
last  preceding  section,  and  also  the  chairman  or  president  of  the 
city  council,  shall  be  authorized,  in  cases  therein  mentioned,  to  issue 
subpoenas  for  witnesses  under  their  hands ;  and  if  any  witness 
upon  whom  such  subpoena  shall  have  been  served,  shall  refuse  obe¬ 
dience  thereto,  he  shall  forfeit  the  sum  of  twenty-five  dollars,  to  be 
recovered  by  an  action  of  debt  in  the  name  of  the  city  of  Pekin, 
for  the  use  of  the  same,  before  the  police  magistrate,  with  costs  of' 
suit. 

§  13.  If  any  person  shall  vote  at  any  election  more  than  once, 
or  who  is  not  a  qualified  voter,  he  shall  forfeit  and  pay  any  sum 
not  exceeding  fifty  dollars  nor  less  than  twenty-five  dollars,  to  be 
recovered  in  the  same  manner  as  other  penalties  under  this  ordi¬ 


nance. 


SO  REVISED  ORDINANCES. 

'll 

GRADING  COURT  STREET. 

AN  ORDINANCE  relating  to  the  establishing  the  grade  of  Court  street  and 
paving  of  side-walks. 

Sec,  1.  Establishing  the  grade  of  Court  street. 

2.  Establishing  the  width  of  side-walks. 

3.  Mayor  or  committee  on  streets  and  alleys  to  make  contracts. 

4.  Expenses  of  the  work  to  be  defrayed  by  the  city, 

6.  Owners  to  pave  side-walks. 

6.  Engineer  to  assess  the  cost  of  work,  and  make  deeds. 

7.  City  engineer,  on  completion  of  the  work,  to  report  his  doings. 

8.  City  engineer’s  compensation. 

9.  City  engineer  not  to  make  deeds,  unless,  &c. 

10.  To  prevent  extending  steps  and  cellar  doors  on  Court  street. 

11.  To  prevent  extending  sign  boards  across  side-walks. 

12.  To  prevent  any  side  way  or  passage  without  railing. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  the  grade  of  Court  street,  from  the  east  side  of 
Front  street  to  the  east  side  of  Fifth  street,  be  and  the  same  is 
hereby  established  as  follows:  Beginning  at  a  point  ten  feet  above 
datum  line,  reference  being  had  to  the  survey  made  by  the  city 
engineer;  proceeding  to  the  west  side  of  Second  street  on  an  ascend¬ 
ing  grade  of  five  and  twenty-five  hundredths  feet;  thence  across 
said  Second  street  on  a  level;  thence  running  on  a  descending 
grade  of  two  and  forty-eight  hundredths  feet,  to  the  west  side  of 
Third  street;  thence  across  said  Third  street  on  a  level;  thence 
running  on  an  ascending  grade  of  two  and  forty-eight  hundredths 
feet,  to  the  west  side  of  Capitol  street;  thence  across  said  Capitol 
street  on  a  level ;  thence  continuing  on  the  last  named  grade  of  two 
and  forty-eight  hundredths  feet  to  the  west  side  of  Fifth  street; 
being  at  the  last  named  point  seventeen  and  sixty-eight  hundredths 
feet  above  datum  line. 

§  2.  Be  it  ordained ,  That  the  width  of  the  side-walks  on  Court 
street  be  and  they  are  hereby  established  at  ten  feet ;  and  the  city 
engineer  is  hereby  authorized  to  set  the  stakes  for  curbing  and 
paving  said  side-walks  at  said  width,  and  upon  the  above  described 
grade,  said  grade  to  be  reckoned  at  the  top  line  of  the  curbing. 

§  3.  That  the  mayor  or  committee  on  streets  and  alleys  shall 
proceed  to  contract  for  the  necessary  materials  for  curbing  and 
making  gutters  within  the  limits  considered  in  this  ordinance,  and 
shall,  so  soon  as  proper,  receive  proposals  for  the  erection  of  the 
same,  to  be  done  under  the  supervision  of  the  city  engineer,  or  some 
other  qualified  person. 


HE  VISED  ORDINANCES. 


81 


§  4.  That  the  direct  expenses  of  said  improvement  shall  be 
defrayed  from  the  treasury  of  the  city  upon  the  estimate  of  the 
work  furnished  by  the  city  engineer  as  it  progresses,  and  when 
the  final  expenditure  upon  finishing  the,  work  is  ascertained,  the 
city  engineer  shall  assess  the  amount  of  the  cost  of  curbing  and 
putting  down  the  same  upon  the  owners  of  all  lots  and  parts  of  lots 
fronting  on  said  street,  within  the  limits  named,  pro  rata,  according 
to  the  previous  assessed  value  of  said  lots  with  their  improvements. 

§  5.  That  the  owners  of  each  corresponding  lot  or  part  of  lot 
fronting  on  Court  street,  within  the  limits  mentioned,  and  where 
said  improvements  are  to  be  made,  shall  pave  said  side-walks  in 
front  of  said  lots  or  parts  of  lots,  with  brick,  under  the  superintend¬ 
ence  of  the  city  engineer,  within  forty  days  from  the  time  the 
curbing  is  put  down  in  front  of  said  lots  or  parts  of  lots  ;  and  if  said 
owner  br  owners  of  said  lots  or  parts  of  lots  as  aforesaid,  shall  neglect 
or  refuse  to  pave  said  side-walks  within  the  time  and  manner  afore¬ 
said,  then  it  shall  be  the  duty  of  the  city  engineer  to  pave  said 
side-walks  in  front  of  said  lots  or  parts  of  lots,  and  defray  the 
expenses  from  the  treasury  of  the  city,  and  assess  the  owner  or 
owners  of  said  lots  or  parts  of  lots  so  paved  at  the  expense  of  the 
city,  in  the  same  manner  as  is  provided  for  the  assessment  of  the 
curbing  of  said  side-walk. 

§  6.  That  when  the  work  aforesaid  is  completed,  and  the  city 
engineer  shall  assess  the  costs  thereof,  together  with  the  expenses 
of  letting  and  superintending  the  same,  as  a  tax  upon  the  owner  or 
owners  of  each  corresponding  lot  or  part  of  lot  fronting  on  said 
Court  street  within  the  limits  named,  and  the  owner  or  owners  of 
which  shall  neglect  or  refuse  to  pay  the  tax  assessed  upon  him  or 
•them  as  aforesaid,  said  lots  or  parts  of  lots  shall  be  advertised  for 
sale  by  the  city  engineer,  and  the  whole,  or  so  much  thereof  as  will 
bring  the  tax  and  costs,  shall  be  sold  on  the  twentieth  day  from  the 
date  of  the  advertisement,  at  public  auction,  by  the  city  engineer, 
in  the  city  of  Pekin,  between  the  hours  of  ten  o’clock  in  the  fore¬ 
noon  and  five  o’clock  in  the  afternoon,  for  the  tax  and  cost  as 
aforesaid  ;  and  if  his  heirs,  executors,  administrators  and  assignees, 
or  judgment  creditors,  shall  not,  within  two  years  from  the  date  of 
such  sale,  pay  to  the  city  treasurer,  for  the  use  of  the  purchaser  of 
any  such  lots  or  parts  of  lots  sold  under  this  ordinance,  or  to  his 
heirs,  executors,  administrators  or  assignees,  double  the  amount  of 

11 


82 


REVISED  ORDINANCES. 


money  for  which  said  lots  or  parks  of  lots  were  sold,  together 
with  all  taxes  and  assessments  paid  by  such  purchaser,  his  heirs, 
executors,  administrators  or  assignees,  after  such  purchase,  then  the 
purchaser  or  his  heirs  and  assignees  shall  be  entitled  to  a  deed 
for  the  same ;  which  deed  shall  be  executed  by  the  city  engineer 
selling  the  same,  or  his  successor  or  successors  in  office,  in  his  said 
capacity,  and  shall  convey  to  said  purchaser  and  to  his  heirs  and 
assigns  all  the  title  which  the  owner  thereof  had  at  the  time  of 
the  assessment  of  the  tax. 

§  7.  When  the  work  aforesaid  is  completed,  and  the  accounts 
closed,  the  city  engineer  shall  make  a  full  report  of  his  actings  and 
doings  relative  thereto  to  the  city  council  of  the  city  of  Pekin,  and 
the  same  shall  be  filed  by  the  clerk  of  said  city. 

§  8.  The  city  engineer  shall  receive  for  his  services  such  fees  and 
commissions  under  this  ordinance,  as  county  officers  shall  receive 
for  like  services. 

§  9.  That  said  engineer  shall  not  make  the  deed  under  the  pro¬ 
visions  of  the  foregoing  section,  unless  the  purchaser  or  his  heirs  or 
assigns  shall  have  complied  with  the  conditional  provisions  concern¬ 
ing  the  purchase  of  land  and  lots  for  taxes, 

§  10.  That  no  person  or  persons  or  corporation  shall  extend  any 
cellar  door  on  Court  street,  and  no  person  or  persons  or  corporation 
shall  extend  any  step  or  steps  on  Court  street  more  than  three  feet 
out  from  the  line  of  said  street;  and  that  any  person  or  persons  who 
shall  violate  this  ordinance,  shall  forfeit  and  pay  a  fine  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  every  day  that  the 
violation  shall  continue. 

§  11.  That  no  person  or  persons  or  corporation  shall  place  or 
cause  to  be  placed  any  sign-board  across  any  side-walk  on  Court 
street,  in  such  a  manner  as  it  shall  be  necessary  to  plaee  a  post  in 
said  street  for  the  support  of  the  same.  Any  person  or  persons  who 
shall  violate  this  ordinance,  shall  forfeit  and  pay  a  fine  of  not  less 
than  one  dollar  nor  more  than  ten  dollars  for  every  day  that  the 
violation  shall  continue ;  and  it  is  made  the  duty  of  the  city  marshal 
to  prosecute  all  persons  who  shall  violate  this  and  the  preceding 
section. 

§  12.  That  no  person  or  corporation  shall  permit,  make  or  suffer 
any  side  way  or  passage  leading  from  the  side-walk  on  Court  street 
into  any  basement  cellar  or  building  of  more  than  one  step  in  depth. 


REVISED  ORDINANCES. 


83 


without  protecting  the  same  by  a  good  substantial  railing  or  door, 
to  protect  persons  from  falling  into  the  same,  under  the  penalty  of 
not  more  than  ten  dollars  nor  less  than  one  dollar;  and  it  shall  be 
the  duty  of  the  city  engineer,  upon  the  neglect  or  refusal  of  the 
owner  of  any  lot  or  building  on  said  street,  to  erect  the  same  or 
cause  the  same  to  be  done,  to  assess  the  cost  thereof,  with  the 
expense  of  overseeing  the  same,  against  said  lots  or  parts  of  lots,  or 
building,  and  the  same  shall  be  a  special  tax  upon  said  lot  or  build¬ 
ing;  aud  after  giving  twenty  days’  public  notice  of  the  time  and 
place  of  sale,  to  sell  the  same,  or  so  much  thereof  as  will  be  sufficient 
to  pay  the  same,  subject  to  all  the  provisions  and  the  rights  of 
redemption  as  is  provided  in  section  six  of  this  ordinance. 


SIDE-WALKS. 

AN  ORDINANCE  in  relation  to  side-walks  in  the  city  of  Pekin. 

Sec.  1.  City  council  to  pass  resolution. 

2.  City  clerk  to  give  notice  by  publication. 

3.  Owner  to  pave  side-walk. 

4.  Owner  failing  to  pave  side-walk,  street  commissioner  to  contract 

for  same  at  expense  of  city. 

5.  Street  commissioner  to  report ;  assessment  of  tax. 

6.  Repairs,  when  and  how  made. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  Whenever,  in  the  opinion  of  the  city  council  of  said  city, 
it  shall  become  necessary  and  expedient  to  pave  any  side-walk  on 
any  street,  avenue  or  alley,  or  any  part  thereof,  within  the  limits  of 
said  city,  the  city  council  shall  pass  a  resolution  to  that  effect ; 
which  resolution  shall  set  forth  the  particular  street,  avenue  or  alley, 
or  part  thereof,  where  such  paving  is  required  to  be  done,  the  man¬ 
ner  in  which  the  same  shall  be  done,  the  width  thereof,  the  material 
of  which  the  same  shall  he  constructed,  and  the  time  within  which 
the  owner  or  owners  of  any  lots  or  parts  of  lots  fronting  on  or  adjoin¬ 
ing  such  street,  avenue  or  alley,  or  the  part  thereof  to  be  paved, 
shall  do  the  same. 

§  2.  The  city  clerk  shall,  within  ten  days  after  the  adoption  of 
such  resolution,  give  notice  of  the  same  by  publication  in  some 
newspaper  published  in  said  city;  which  publication  shall  be  deemed 
and  taken  as  sufficient  notice  to  the  owner  or  owners  of  lots  or  parts 


84 


REVISED  ORDINANCES. 


of  lots,  fronting  on  or  adjoining  such  street,  ayenue  or  alley,  where 
such  paving  is  required  to  be  done,  as  in  such  resolution  and  notice 
specified. 

§  3.  That  the  owner  or  owners  of  any  lot  or  part  of  lot  fronting 
on  or  adjoining  such  street,  avenue  or  alley,  or  part  thereof,  so 
directed  to  be  paved,  shall,  within  the  time  specified  in  such  resolu¬ 
tion,  pave  his,  her  or  their  side-walk  in  conformity  with  the  require¬ 
ments  of  such  resolution,  under  the  direction  and  supervision  of  the 
street  commissioner. 

§  4.  If  any  owner  or  owners  of  any  lot  or  part  of  lot  fronting  on 
or  adjoining  such  street,  avenue  or  alley,  or  part  thereof,  so  directed 
to  be  paved,  shall  neglect  or  refuse  to  pave  his,  her  or  their  side¬ 
walk  within  the  time  specified  in  such  resolution,  and  in  conformity 
with  the  requirements  thereof,  the  street  commissioner  shall  contract 
with  the  lowest  responsible  bidder  for  the  paving  of  such  side-walk, 
at  the  expense  of  the  city,  in  conformity  With  such  resolution,  in 
front  of  or  adjoining  any  such  lot  or  part  of  lot,  by  giving  fifteen 
days’  notice  by  publication  in  some  newspaper  published  in  said 
city,  of  the  time  when  and  the  place  where  bids  will  be  received 
therefor,  and  of  the  time  within  which,  not  exceeding  thirty  days, 
such  paving  must  be  completed  by  the  party  or  parties  contracting 
for  the  same,  the  contractor  furnishing  all  the  material  and  labor, 
under  the  direction  and  supervision  of  the  street  commissioner. 
And  if  such  paving  shall  not  be  completed  by  any  such  contractor 
within  the  time  so  by  the  contract  specified,  the  street  commissioner 
shall  proceed  again,  in  the  same  manner,  to  contract  for  the  paving 
of  the  same;  the  same  to  be  paid  for  by  the  city  when  completed, 
upon  the  street  commissioner  certifying  the  amount  due,  and  that 
the  same  has  been  done  in  accordance  with  such  resolution  as  to 
manner,  width  and  material.-’  f  -  • 

§  5.  That  the  said  street  commissioner  shall,  immediately  after 
such  side-walk  has  been  paved  at  the  expense  of  the  city,  as  herein 
before  provided,  report  the  amount  on  each  lot  or  part  of  lot  to  the 
city  clerk,  who  shall  report  the  same  to  the  clerk  of  the  county  court 
of  Tazewell  county,  Illinois,  as  a  special  tax  on  such  lot  or  part  of 
lot;  which  amount  so  assessed  shall  be  extended  by  the  said  clerk 
of  said  county  court  upon  said  lot  or  p^t  of  lot  as  a  special  tax  on 
the  same,  in  the  same  manner  as  other  city  taxes  are  extended; 


REVISED  ORDINANCES. 


85 


and  the  same  shall  be  collected  at  the  same  time  and  in  the  same 
manner  as  other  taxes  for  the  city  are  collected,  and  shall,  in  like 
manner,  be  paid  over  to  the  city. 

§  6.  That  whenever  any  repairs  may  be  necessary  to  be  made  on 
any  side-walk  now  paved,  or  hereafter  paved,  on  any  street,  avenue 
or  alley  in  said  city  of  Pekin,  or  any  part  thereof,  the  owner  or  own¬ 
ers  of  any  such  lot  or  part  of  lot  fronting  on  or  adjoining  such  street, 
avenue  or  alley,  or  the  agent  of  such  owner  or  owners,  shall  be  noti¬ 
fied  thereof  in  writing  by  the  street  commissioner;  which  notice 
shall  set  forth  as  near  as  may  be  the  nature  and  extent  of  the  repairs 
required  to  be  so  made;  and  if  such  owner  or  owners  or  agent,  shall 
fail  to  have  such  repairs  made  within  twenty  days  after  notice  as 
aforesaid,  or  should  the  street  commissioner  be  unable,  by  reason  of 
there  being  no  such  owner  or  owners  or  agent  a  resident  of  the  city, 
to  give  such  notice,  he  shall  proceed  as  in  case  of  failure  to  pave 
side-walks  as  herein  before  provided. 


WIDENING  WATER  AND  FRONT  STREETS. 

AN  ORDINANCE  to  provide  for  the  widening  of  Water  and  Front  streets. 

Sec.  1.  Margaret  street,  &c.,  extended  to  the  Illinois  river. 

2.  Front  street  widened. 

3.  Margaret  and  Elizabeth  streets  extended  to  low  water  mark. 

4.  Appointment  of  agents  to  condemn  lots,  &c. 

5.  Mayor  to  cause  a  jury  to  be  summoned. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  Margaret  street,  and  the  alley  between  Court  and 
Elizabeth  streets,  shall  be  and  the  same  are  hereby  extended  to  the 
Illinois  river. 

§  2.  That  all  that  part  of  Front  street  which  lies  between  Mar¬ 
garet  street  and  the  alley  between  Court  and  Elizabeth  streets,  of 
the  city  of  Pekin,  be  and  the  same  are  hereby  widened  and  extended 
westward  so  as  to  include  all  lots  and  parcels  of  lots,  also  all  pieces 
and  parcels  of  land  of  every  kind  and  description,  between  Front 
and  Water  streets. 

§  3.  That  all  that  part  of  Water  street  which  lies  between  Mar¬ 
garet  street  and  the  alley  between  Court  and  Elizabeth  streets,  in 
the  city  of  Pekin,  be  and  the  same  is  hereby  widened  and  extended 


86 


REVISED  ORDINANCES. 


westward  to  low  water  mark  on  the  Illinois  river,  so  as  to  take  in 
and  include  all  lots  and  pieces  of  lots,  also  all  pieces  and  parcels  of 
land  of  every  kind  and  description  whatever,  which  lie  west  of 
Water  street  and  between  Margaret  street  and  the  alley  last  above 
named  ;  and  all  of  the  said  lots,  tracts  and  pieces  of  land  of  every 
kind  and  description,  between  Front  and  Water  streets  and  low  water 
mark  on  the  Illinois  river,  and  within  the  space  aforesaid,  shall  be 
and  is  hereby  taken  by  the  city  of  Pekin  and  appropriated  to  widen¬ 
ing  said  Front  and  Water  streets  within  the  space  aforesaid. 

§  4.  That  for  ascertaining  and  adjusting  the  price  and  value  of 
the  several  lots,  tracts,  pieces  and  parcels  of  land  taken  as  aforesaid, 
James  Harriott,  Benjamin  S.  Prettyman,  D.  P.  Kenyon,  William 
Wilkey  and  Peter  Weyhrich,  be  appointed  and  authorized  on  the 
part  and  behalf  of  the  city  of  Pekin,  to  agree  with  the  owners  of 
said  lots,  tracts  and  parcels  of  land  severally,  for  the  price  and  value 
of  the  same;  and  the  lots  and  parcels  of  land  so  taken  and  obtained 
by  the  city,  shall  be  paid  for  by  the  city  of  Pekin,  to  the  owner  or 
owners  respectively. 

§  5.  That  in  all  cases  where  the  agent  for  and  on  behalf  of  the 
city  of  Pekin,  and  the  owner  or  owners  of  any  of  said  lots  or  parcels 
of  lands  taken  as  aforesaid  disagree,  or  where  such  owner  or  owners 
cannot  be  found,  then  and  in  that  event  the  mayor  of  the  city  shall 
he  and  is  required  to  cause  to  be  summoned  before  him  six  disin¬ 
terested  freeholders  of  the  city  of  Pekin,  who  shall  be  duly  sworn  to 
assess  the  true  value  severally  of  said  lots  and  parcels  of  lahd  taken 
in  widening  the  street  aforesaid,  and  also  assess  the  damages  and 
benefits  accruing  to  the  owner  or  owners  of  the  property  aforesaid, 
in  conformity  to  the  provisions  of  the  charter  of  the  city  in  such 
case3  made  and  provided ;  and  the  value  of  the  property  ascertained 
as  aforesaid  shall  be  paid  by  the  city  to  the  owner  or  owners  if  pres¬ 
ent,  and  if  not  present,  to  be  paid  when  it  is  ascertained  or  found  to 
whom  the  said  lots  or  parcels  of  land  belong;  when  so  acquired  by 
the  city,  said  lots  or  parcels  of  land  shall  be  and  remain  a  public 
street  and  landing  for  the  use  of  the  city  of  Pekin  forever. 


REVISED  ORDINANCES. 


8T 


SIDE-WALK  ON  SECOND  STREET. 

AN  ORDINANCE  for  paving  side-walk  on  Second  street. 

Sec.  1.  Side-walk  to  be  made  of  plank. 

2.  Width  of  side-walk;  owners  of  lots  neglecting  to  build  walk, 

marshal  and  street  commissioner  to  have  the  same  done,  and 
report  to  city  council, 

3.  Duty  of  city  engineer. 

4.  When  work  is  done,  engineer  to  make  report  to  council;  special 

tax,  how  assessed. 

Bt  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  the  side-walk  on  the  west  side  of  Second  street,  in 
the  city  of  Pekin,  from  the  corner  of  Court  and  Second  streets  south, 
to  one  square  south  of  Broadway  street,  in  said  city  of  Pekin,  shall 
be  paved  with  good  and  sufficient  plank ;  and  that  the  width  to- 
which  said  side-walk  shall  be  paved,  shall  be  six  feet. 

§  2.  That  the  owner  or  owners  of  each  lot  or  lots  or  part  of  lot  or 
lots,  fronting  on  Second  street,  within  the  limits  above  named,  shall 
pave  the  said  side-walk  in  front  of  his  or  her  lot  or  lots  or  part  of 
lot  or  lets,  to  the  width  of  sis  feet,  with  good  and  sufficient  plank,, 
under  the  superintendence  of  the  city  engineer,  on  or  before  the 
first  day  of  September,  A.  D.  1857.  And  if  the  owner  or  owners  of 
any  of  said  lot  or  lots  or  part  of  lot  or  lots,  shall  neglect  or  refuse  to 
have  the  said  side-walk  in  front  of  his  or  her  said  lot  or  lots  or  part 
of  lot  or  lots  paved  as  aforesaid,  and  within  the  time  aforesaid,  it 
shall  be  the  duty  of  the  city  marshal  and  street  commissioner,  under 
the  direction  of  the  city  engineer,  to  procure  suitable  material  for 
paving  said  side-walk,  and  have  the  same  put  down  and  finished  as 
soon  as  practicable ;  and  when  the  same  is  completed  by  the  city 
marshal,  he  shall  make  report  thereof  to  the  city  council  of  said  city,, 
and  present  his  bill  of  expense  for  the  same,  which,  if  approved  by 
the  said  city  council,  shall  be  paid  out  of  the  treasury  of  said  city, 

§  3.  It  shall  be  the  duty  of  the  city  engineer  of  said  city,  as  soon 
as  the  said  paving  shall  be  completed  by  the  city  marshal,  to  assess 
or  apportion  on  each  lot  or  part  of  lot  fronting  on  the  side-walk  on 
which  said  paving  shall  have  been  done  as  aforesaid,  its  relative 
proportion  of  the  expense  of  such  paving;  said  assessment  to  be 
upon  each  lot  or  part  of  lot  in  the  proportion  which  the  front  of  said 
lot  or  part  of  lot  may  bear  to  the  whole  pavement  put  down  on  said 
side-walk,  within  the  limits  above  named;  provided,  that  the  owner 
or  owners  of  any  lot  or  lots  or  part  of  lot  or  lots  fronting  on  Second 


REVISED  ORDINANCES. 


'88 

street,  within  the  limits  above  named,  may  procure  the  material  for 
and  pave  his  or  her  said  lot  or  lots  or  part  of  lot  or  lots,  under  the 
direction  of  the  city  engineer,  at  any  time  within  the  time  above 
named;  in  which  case  the  said  city  engineer  shall  make  no  assess¬ 
ment  against  any  lot  or  lots  or  part  of  lot  or  lots  so  paved  by  the 
owner  or  owners  thereof  as  aforesaid. 

§  4.  That  when  the  work  aforesaid  is  completed,  and  the  city 
engineer  shall  have  assessed  upon  each  lot  or  part  of  lot  within  the 
limits  above  named,  its  proper  and  relative  portion  of  having  said 
side-walk  paved,  he  shall  make  his  report  of  the  said  assessment  to 
the  city  council  at  the  November,  1857,  session  thereof,  with  the 
amount  assessed  upon  each  lot,  which  shall  be  examined,  and  if 
found  correct,  shall  be  approved ;  and  when  so  approved,  it  shall  be 
the  duty  of  the  city  clerk  immediately  to  notify  the  clerk  of  the 
county  court  of  the  amount  so  assessed  as  a  special  tax  on  each  lot 
or  part  of  lot  as  aforesaid;  which  amount  so  assessed  shall  be 
extended  by  the  county  clerk  as  a  special  tax  upon  the  said  lot  or 
lots  or  part  of  lot  or  lots,  as  other  city  tax  is  extended,  and  shall  be 
collected  at  the  same  time  and  in  the  same  manner  as  other  taxes 
for  the  city  are  collected,  and  shall,  in  like  manner,  be  paid  over  to 
the  city. 


SIDE-WALKS  ON  COURT  STREET. 

AN  ORDINANCE  for  paving  the  side- walks  on  Court  street. 

Sec.  1.  Grade  and  width. 

2.  Engineer  to  set  stakes. 

3.  Owners  to  pave  side- walks  ;  neglecting  or  refusing  to  do  so,  mar¬ 

shal  and  street  commissioner  to  have  the  same  done,  and 
report  to  city  council, 

4.  Duty  of  engineer. 

5.  When  paving  is  completed  by  the  marshal,  engineer  to  report  to 

council ;  special  tax,  how  assessed. 

6.  Ordinances  repealed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  the  grade  of  Court  street  and  width  of  side-walk,  as 
were  established  by  law,  be  and  the  same  are  hereby  continued  and 
confirmed;  but  to  render  the  starting  point  of  said  grade  more 
certain  and  definite,  the  city  engineer  is  hereby  required  to  fix  per¬ 
manently  a  solid  stone  at  the  corner  of  Court  and  Second  streets,  in 
the  side-walk  adjoining  the  curbing  as  now  set  at  the  Tazewell 


REVISED  ORDINANCES. 


8’; 

House,  as  the  true  height  of  the  grade  now  established  for  said 
Court  street,  from  which  point  all  other  grades  in  the  city  may  be 
measured  and  calculated. 

§  2.  Be  it  farther  ordained,  that  the  city  engineer  be  and  is 
hereby  required  to  set  the  stakes  for  curbing  and  paving  the  side¬ 
walk  on  said  Court  street,  at  the  width  and  upon  the  grade  now 
established  by  law,  for  said  street,  said  stakes  to  be  set  for  and  grade 
to  be  reckoned  at  the  top  line  of  the  curbing. 

§  3.  That  the  owner  or  owners  of  each  lot  or  lots  or  part  of  lot  or 
lots,  fronting  on  Court  street,  from  Front  to  Fifth  street,  shall  pave 
the  said  side-walk  in  front  of  his  or  her  lot  or  lots,  or  part  of  lot  or 
lots,  respectively,  with  good,  smooth,  hard  brick,  or  with  good, 
smooth,  hard  flag-stone  or  wood,  under  the  superintendence  of  the 
city  engineer,  on  or  before  the  first  day  of  August,  1857.  And  if 
the  owner  or  owners  of  said  lot  or  lots  or  part  of  lot  or  lots,  respect¬ 
ively,  shall  neglect  or  refuse  to  have  the  said  side-walk  in  front  of 
his  or  her  said  lot  or  lots  or  part  of  lot  or  lots,  paved  with  good  and 
sufficient  brick,  stone  or  wood,  as  aforesaid,  by  the  first  day  of 
August,  1857,  then  it  shall  be  the  duty  of  the  city  marshal  and 
street  commissioner  to  procure  suitable  material  for  paving  said  side¬ 
walk,  and  have  the  same  put  down  and  finished  as  soon  as  practicable, 
and  when  the  same  is  completed,  present  a  report  of  his  actings  and 
doings  thereof,  together  with  his  bill  of  expense  for  the  same,  to 
the  city  council,  which,  if  approved,  shall  be  paid  out  of  the  treasury 
of  said  city. 

§  4.  When  the  paving  aforesaid  shall  be  furnished  by  the  said  city 
marshal  as  aforesaid,  it  shall  be  the  duty  of  the  city  engineer  to 
assess  or  apportion  upon  each  lot  or  part  of  lot  in  front  of  which 
said  paving  shall  have  been  done  by  the  city  marshal,  as  above 
described,  its  relative  proportion  of  the  expense  of  said  paving,  said 
assessment  to  be  made  in  the  proportion  which  said  lot  or  part  of  lot 
may  have  to  the  whole  length  put  down  by  the  said  city  marshal ; 
provided ,  that  the  owner  or  owners  of  any  lots  fronting  on  said  Court 
street,  within  the  limits  above  named,  may  have  the  said  side-walk 
paved  with  good  and  sufficient  brick,  wood  or  stone,  at  any  time 
before  the  first  day  of  August,  1857,  under  the  direction  of  the  city 
engineer  ,*  in  which  case  the  said  engineer  shall  make  no  assessment 
upon  such  lot  or  part  of  lot  so  paved  by  the  owner  aforesaid. 

§  5.  That  when  the  paviDg  by  the  city  marshal  aforesaid  shall 

12 


« 


90 


REVISED  ORDINANCES. 


have  been  completed,  and  the  assessment  upon  each  lot  or  part  of  lot 
so  paved  shall  have  been  made  by  the  city  engineer,  as  required  by 
the  fourth  section  of  this  ordinance,  the  said  city  engineer  shaft 
make  his  report  of  the  same  to  the  city  council,  with  the  amount 
assessed  upon  each  lot  and  part  of  lot,  at  the  September  session, 
1857,  which  shall  be  examined  by  the  council,  and  if  approved,  it 
shall  be  the  duty  of  the  city  clerk  of  said  city  to  immediately  notify 
the  clerk  of  the  county  court  of  the  amount  so  assessed  as  a  special 
tax  on  each  lot  or  part  of  lot  so  reported  and  approved  as  aforesaid ; 
which  amount  so  assessed  and  approved  shall  be  extended,  by  the 
county  clerk  as  a  special  tax  against  each  of  said  lots  or  parts  of  lots, 
as  other  city  taxes  are  required  to  be  extended,  and  shall  be  collected 
from  the  owner  or  owners  of  said  lot  or  lots  or  part  of  lot  or  lots, 
respectively,  at  the  same  time  and  in  the  same  manner  as  other 
taxes  for  the  city  are  collected,  and  shall,  in  like  manner,  be  paid  to 
said  city. 

§  6.  All  ordinances  or  parts  of  ordinances  coming  in  conflict  with 
this  ordinance,  be  and  the  same  are  hereby  repealed.  This  ordi¬ 
nance  to  take  effect  from  and  after  its  passage. 


SOUTH  STREET  ESTABLISHED. 

AN  ORDINANCE  to  provide  for  the  establishment  of  South  street.- 

Sec.  1.  Location  and  width  of  street. 

2.  Price  of  land  to  be  agreed  on  by  persons  appointed;  to  be  paid’ 

for  by  the  city. 

3.  In  case  of  disagreement  as  to  value  of  land  taken,  other  assess¬ 

ors  to  be  appointed,  and  amount  paid. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  the  piece  and  parcel  of  ground  described  as  follows, 
to  the  width  of  fifteen  feet,  be  and  the  same  is  hereby  declared  a 
public  street,  to  wit :  Beginning  two  hundred  and  ninety  (290)  feet 
east  of  the  center  of  section  three,  (3,)  township  twenty-four  (24) 
north,  range  five,  (5,)  west  of  the  third  principal  meridian ;  thence* 
east  on  quarter  section  line  twenty  (20)  feet ;  thence  south  forty-one 
degrees  west,  four  hundred  and  seventy-one  and  sixty-five  hundredths 
(471.65)  feet,  to  north  and  south  center  line  of  said  seetion  three, 
(3,)  three  hundred  and  fifty-five  and  sixty-seven  hundredths  (355.67) 
feet  from  the  center  of  section  ;  thence  north'  twenty-four  and  thirty- 


REVISED  ORDINANCES. 


91 


ftmr  hundredths  (24.34)  feet;  thence  north  forty-one  (41)  degrees 
east,  four  hundred  and  forty-three  and  thirty-five  hundredths  (443.35) 
feet  to  the  place  of  beginning,  containing  fifteen  hundredths  of  an 
acre,  to  be  known  and  called  bv  the  name  of  South  street. 

§  2.  That  for  ascertaining  and  adjusting  the  price  and  value  of 
the  land  taken  as  aforesaid,  the  following  persons  be  and  the  same 
are  appointed  by  and  on  behalf  of  the  said  city  of  Pekin,  to  agree 
with  the  owner  or  owners  of  said  land  taken  for  the  purpose  of 
establishing  said  South  street,  to  wit:  Isaac  E.  Leonard,  John  Haas 
and  Daniel  S.  Risinger;  and  the  price  agreed  upon  by  the  said 
owner  or  owners  of  said  land  and  the  said  persons  shall  be  paid  by 
the  city  to  the  owner  or  owners  upon  the  opening  of  said  street. 

§  3.  That  in  case  the  said  persons  appointed  on  behalf  of  the  city 
shall  be  unable  to  agree  with  the  owner  or  owners  of  said  land  as  to 
the  price  and  value  of  the  land  taken  for  the  purpose  aforesaid,  and 
the  damages  sustained  by  the  said  owner  or  owners  of  said  land  by 
reason  of  opening  said  street,  then  the  mayor  of  said  city  is  hereby 
required  to  cause  to  be  summoned  before  him  six  disinterested  free¬ 
holders  of  the  city  of  Pekin,  who  shall  be  duly  sworn  to  assess  the 
true  value  of  all  the  land  so  taken  as  aforesaid,  and  all  damages  and 
benefits  accruing  to  the  owner  or  owners  as  aforesaid,  in  conformity 
with  the  provisions  of  the  charter  of  the  city  in  such  case  made  and 
provided;  and  the  amount  as  finally  settled  shall  be  paid  to  the 
owner  or  owners  thereof ;  and  said  land,  when  so  acquired,  shall 
remain  a  public  street  for  the  use  of  the  city  of  Pekin  forever. 


SOUTH  FRONT  STREET. 

AN  ORDINANCE  to  provide  for  the  laying  out  of  South  Front  street,  1 

Sec.  1.  Location  and  width  of  street. 

2.  Agents  to  adjust  prices  and  value  of  the  land  taken  ;  city  to  pay 
for  same. 

8.  In  case  of  disagreement,  mayor  to  ascertain  value,  &c. 

4.  When  damages  are  paid,  said  street  to  be  a  public  street. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  all  that  part  of  the  following  described  land,  to  the 
width  of  sixty-six  feet,  be  and  the  same  is  hereby  declared  a  public 
■treet,  to  wit :  Beginning  at  the  center  of  the  west  end  of  Washing¬ 
ton  street,  in  Cincinnati;  thence,  (adjustment  for  variation  of  needle 


92 


REVISED  ORDINANCES. 


7°  30',)  south  forty-one  degrees  west,  forty-nine  and  fifty  hundredth# 
(49.50)  chains,  to  a  point  four  chains  southeast  of  the  section  corner 
between  fractional  section  three  and  four  on  the  river;  thence,  south 
30'  west,  thirty  chains,  to  the  south  boundary  of  said  city,  and 
called  and  known  by  the  name  of  “South  Front  street." 

§  2.  That  for  adjusting  and  ascertaining  the  price  and  value  of 
the  parcel  or  parcels  of  land  taken  as  aforesaid,  the  following 
persons,  to  wit,  David  Mark,  Joshua  Wagenseller  and  Samuel  P. 
Higginson,  be  authorized,  on  the  part  of  the  city  of  Pekin,  to  agree 
with  the  owner  or  owners  of  said  parcel  or  parcels  of  land,  severally, 
for  the  price  and  value  of  the  same;  and  the  parcel  or  parcels  of 
land  so  taken  shall  be  paid  for  by  the  city  of  Pekin  to  the  owner  or 
owners  thereof,  respectively. 

§  3.  That  in  all  cases  where  the  agents  aforesaid  for  and  on  behalf 
of  the  city  cannot  agree  with  the  owner  or  owners  of  any  parcel  or 
parcels  of  land  so  taken  as  aforesaid,  or  the  owners  thereof  shall 
be  under  age,  feme-covert,  or  cannot  be  found,  then,  and  in  that 
event,  the  mayor  of  said  city  shall  proceed  in  all  respects  in  ascer¬ 
taining  the  value  of  such  parcel  or  parcels  of  land  as  required  by 
the  fifth  section  of  an  ordinance  of  said  city,  entitled  “An  ordinance 
to  provide  for  widening  of  Water  and  Front  streets,"  and  in  pursu¬ 
ance  of  the  charter  of  the  city  of  Pekin. 

§  4.  That  when  the  value  of  the  land  above  described  is  ascer¬ 
tained,  and  damages  paid  as  aforesaid,  the  same  shall  be  forever 
established  as  a  public  street. 


PAYING  SIDE- WALKS. 

AN  ORDINANCE  in  relation  to  paving  side-walks  in  the  city  of  Pekin. 

Seo.  1.  Where  side-walks  are  to  be  constructed  ;  location  designated. 

2.  Width  of  side-walk  ;  to  be  made  of  plank,  stone  or  brick  ;  own¬ 
ers  neglecting  to  pave  side -walks,  street  commissioner  to  have 
same  done,  and  report  to  city  clerk;  special  tax,  how  assessed 
and  collected. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  the  side-walk  in  Cincinnati  addition  to  Pekin,  com¬ 
mencing  at  the  corner  of  Market  and  Washington  streets,  on  the 
west  side,  running  south  to  the  railroad ;  the  side-walk  commenc¬ 
ing  at  the  corner  of  St.  Mary's  and  Front  streets,  on  the  north  side, 


REVISED  ORDINANCES. 


93 


running  east  to  Fourth  street;  the  side-walk  commencing  at  the 
corner  of  Fifth  and  Court  streets,  on  the  south  side,  running  east  to 
Campbell  street,  in  Colt’s  addition  to  Pekin ;  the  side-walk  com¬ 
mencing  at  the  corner  of  Elizabeth  and  Fourth  streets,  running 
south  to  Broadway,  on  the  west  side ;  thence  south  on  Chestnut 
street,  on  the  west  side,  to  the  south  side  of  Leonard’s  addition  to 
Pekin;  the  side-walk  commencing  at  the  corner  of  Washington 
street  and  Buena  Yista  avenue,  running  east,  on  the  south  side  of 
Washington  street,  to  the  northeast  corner  of  lot  one,  in  Leonard’s 
addition  to  Pekin ;  thence  from  the  northeast  corner  of  said  lot  one, 
on  the  west  side,  south  to  the  south  side  of  lot  sixteen,  in  Leonard’s 
addition;  the  side-walk  commencing  at  the  corner  of  Court  and 
Second  streets,  on  the  east  side,  south  to  Broadway ;  the  side-walk 
commencing  at  the  corner  of  Third  and  Margaret  streets,  running 
north  on  the  east  side  of  Third  street,  to  Charlotte  street ;  the  side¬ 
walk  commencing  at  the  corner  of  Capitol  and  Caroline  streets, 
running  north,  on  the  east  side  of  Capitol  street,  to  State  street;  the 
side-walk  commencing  at  the  corner  of  Front  and  Margaret  streets,, 
running  east,  to  the  east  line  of  the  original  town  of  Pekin,  on  the 
north  side  of  Margaret  street;  the  side-walk  commencing  at  the 
corner  of  Caroline  and  Fifth  streets,  running  on  the  east  side  of 
Fifth  street  north  to  Willow  street ;  the  side-walk  commencing  at 
the  corner  of  Second  and  Caroline  streets,  running  east  on  the  south 
side  of  Caroline  street  to  Fourth  street;  thence  east  on  the  north 
side  of  Caroline  street  to  Sixth  street;  the  side-walk  commencing 
at  the  corner  of  Front  and  Ann  Eliza  streets,  thence  east  on  the 
north  side  of  Ann  Eliza  street  to  Seventh  street ;  the  side-walk 
commencing  at  the  corner  of  Second  and  Margaret  streets,  thence 
on  the  east  side  of  Second  street  north  to  Caroline  street ;  the  side¬ 
walk  commencing  at  the  corner  of  Front  and  Broadway  streets, 
running  east  on  the  south  side  of  Broadway  to  Court  street;  the 
side-walk  commencicg  at  the  corner  of  Broadway  and  Main  streets, 
running  south  on  the  east  side  of  Main  street  to  the  south  side  of 
Cincinnati  addition  to  Pekin;  shall  all  be  paved  with  good  and 
sufficient  brick,  stone  or  plank,  to  the  width  of  not  less  than  six 
feet ;  where  plank  is  used,  to  be  placed  cross-wise.  Said  side-walks 
all  to  be  paved  on  or  before  the  first  day  of  September,  1860,  as  in 
the  next  section  provided. 

§  2.  That  the  owner  or  owners  of  each  lot  or  lots  or  part  of  lot  or 


94 


REVISED  ORDINANCES. 


lots  fronting  or  adjoining  on  any  of  the  side-walks  above  named, 
within  the  limits  above  named,  shall  pave  the  side-walk  in  front  or 
adjoining  his  or  her  lot  or  lots  or  part  of  lot  or  lots,  to  the  width  of 
not  less  than  six  feet,  with  good  and  sufficient  plank,  stone  or  brick, 
under  the  superintendence  of  the  street  commissioner,  on  or  before 
the  first  day  of  September,  1860.  And  if  any  owner  or  owners  of 
any  such  lot  or  lots  or  part  ot  lot  or  lots,  shall  neglect  or  refuse  to 
have  the  side-walk  in  front  of  his  or  her  lot  or  lots  or  part  of  lot  or 
lots  paved  as  aforesaid,  within  the  time  aforesaid,  it  shall  be  the 
duty  of  the  street  commissioner  to  let  out  the  paving  of  the  side¬ 
walk  adjoining  or  fronting  on  said  lot  or  lots  or  part  of  lot  or  lots, 
which  the  owner  or  owners  have  neglected  to  pave  as  herein  before 
required,  to  the  lowest  bidder ;  and  when  the  said  street  commis¬ 
sioner  has  let  the  same  to  the  lowest  bidder  as  aforesaid,  he  shall 
report  the  amount  on  each  lot  or  part  of  lot  to  the  city  clerk,  who 
shall  report  the  same  to  the  clerk  of  the  county  court  of  Tazewell 
county,  Illinois,  as  a  special  tax  on  said  lot  or  lots  or  part  of  lot  'or 
lots,  which  amount  so  assessed  shall  be  extended  by  the  clerk  of 
said  county  court  upon  said  lot  or  lots  or  part  of  lot  or  lots,  as  a 
special  tax  on  the  same,  as  other  city  taxes  are  extended,  and  shall 
be  collected  at  the  same  time  and  in  the  same  manner  as  other  taxes 
for  the  city  are  collected,  and  shall  in  like  manner  be  paid  over  to 
the  city. 


STREET  TAX. 

AN  ORDINANCE  in  relation  to  street  tax. 

Sec.  1.  Inspectors  of  elections  to  make  a  list  of  persons  liable  to  pay 
street  tax, 

2.  Clerk  to  make  a  copy  of  lists  and  deliver  the  same  to  street  com¬ 

missioner. 

3.  Street  commissioner  to  collect  streettax  and  report  to  city  council. 

4.  Persons  neglecting  or  refusing  to  pay  street  tax,  street  commis¬ 

sioner  to  sue  for  same. 

6.  Compensation  of  inspectors  of  election. 

G.  Part  of  ordinance  concerning  duty  of  street  commissioner 
repealed, 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  It  shall  be  the  duty  of  such  inspectors  of  election  in  each 
ward  as  shall  be  designated  by  the  city  council,  in  the  last  week  in 
April  in  each  and  every  year,  to  make  a  complete  list  of  the  names 
of  all  persons  living  in  their  respective  wards  liable  to  work  on  the 


REVISED  ORDINANCES.'  '  95 

streets  or  pay  a  street  tax,  which  list  shall  bo  returned  on  or  before 
the  first  Monday  in  May  to  the  city  clerk. 

§  2.  It  shall  be  the  duty  of  the  city  clerk,  on  the  receipt  of  said 
list  from  the  inspectors  of  election,  to  make  a  copy  of  the  list  so 
returned,  which  shall  be  delivered  to  the  street  commissioner  by 
said  city  clerk,  on  or  before  the  second  Monday  of  May ;  and,  on 
delivery  of  the  list  as  aforesaid,  to  the  street  commissioner,  the  said 
city  clerk  shall  take  a  receipt  for  the  same,  which  receipt  shall  state 
the  number  of  names  and  the  amount  of  street  tax  due  from  each 
person  therein  named,  and  charge  the  amount  of  tax  specified  in 
said  receipt  to  the  street  commissioner. 

§  3.  It  shall  be  the  duty  of  the  street  commissioner,  on  the 
receipt  of  said  tax  list,  to  immediately  proceed  to  collect  the  said 
street  tax,  or  allow  ffhe  persons  named  in  said  list  to  work  the  same 
out,  as  is  provided  in  an  ordinance  for  the  appointment  of  street 
commissioner,  and  prescribing  his  duties;  and  on  or  before  the  first 
Monday  of  March,  June,  September  and  December,  in  eaeh  and 
every  year,  all  street  tax  by  him  collected  in  money  shall  be  paid 
to  the  city  treasurer,  and  a  duplicate  receipt  taken  therefor,  one  of 
which  receipts  shall  be  filed  by  the  city  clerk ;  and  in  the  quarterly 
reports  of  said  street  commissioner  he  shall  state  what  amount  of 
said  street  tax  was  paid  in  money,  and  what  amount  in  labor. 

§  4.  It  shall  be  the  duty  of  the  street  commissioner,  when  any 
person  or  persons  from  whom  street  tax  is  due  shall  neglect  or 
refuse  to  pay  said  tax  in  money  or  labor,  as  is  provided  in  an  ordi¬ 
nance  for  the  appointment  of  street  commissioner,  and  prescribing 
his  duties,  to  leave  a  list  of  the  names  of  said  delinquents  with  the 
police  magistrate,  and  commence  suit  immediately  against  all  persons 
who  shall  neglect  or  refuse  to  pay  said  street  tax. 

§  5.  The  inspectors  of  election  shall  receive  as  compensation  for 
their  services,  for  each  and  every  day  employed  in  making  said  tax 
list,  the  sum  of  two  dollars,  to  be  paid  out  of  the  city  treasury. 

§  6.  So  much  of  section  second  of  an  ordinance  providing  for  the 
appointment  of  street  commissioner,  and  prescribing  his  duties,  as 
required  the  street  commissioner  to  spend  the  tax  by  him  collected, 
is  hereby  repealed. 


REVISED  ORDINANCES. 


06 


GUN-POWDER. 

AN  ORDINANCE  to  prevent  the  storage  of  excessive  quantities  of  gun¬ 
powder,  and  defining  the  duties  of  city  marshal  in  relation  thereto. 

Sec.  1.  Gun-powder  over  twenty-five  pounds  not  to  be  kept  in  city  limit*. 

2.  Duty  of  city  marshal;  penalty  for  neglecting  same. 

3.  Resistance  to  city  marshal,  how  punished. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  no  person  or  persons  or  corporation  residing  in  or 
doing  business  within  said  city,  shall  be  allowed  to  keep,  within  their 
respective  stores  or  dwellings,  cellars  or  out-houses,  at  any  one  time, 
more  than  twenty-five  pounds  of  gun-powder,  which  shall  be  kept 
in  canisters  composed  of  tin  or  copper,  and  well  covered  with  like 
metal,  and  all  of  which  shall  not  contain  moje  than  twenty-five 
pounds  of  gun-powder;  and  that  no  person  or  persons  or  corporation 
residing  or  doing  business  within  said  city,  shall  store  powder  within 
the  city  limits  in  any  quantity  over  twenty-five  pounds,  unless  the 
same  is  so  stored  as  to  be  in  a  building  or  vault  made  fire-proof, 
under  a  penalty  of  twenty  dollars  for  each  and  every  such  offense. 

§  2.  That  the  city  marshal  shall  make  a  thorough  search  into 
every  store  and  dwelling-house,  cellar  and  out-house,  where  powder 
is  kept,  or  supposed  to  be  kept,  as  an  article  of  trade,  to  ascertain 
whether  the  first  section  of  this  ordinance  is  strictly  complied  with, 
and  make  report  to  the  council  on  the  subject  at  least  once  in  every 
three  months;  and  it  is  hereby  made  his  duty  to  prosecute  all 
offenders  against  this  ordinance ;  and  for  failing  or  neglecting  his 
duties  as  prescribed  in  this  ordinance,  he  shall  forfeit  and  pay  a 
fine  of  not  less  than  ten  nor  more  than  twenty  dollars. 

§  3.  If  any  person  or  persons  shall  obstruct,  hinder  or  delay,  or 
attempt  to  obstruct,  hinder  or  delay  the  said  city  marshal  or  his 
deputies  in  the  execution  of  his  duties  under  this  ordinance,  or 
shall  offer  any  resistance  to  said  marshal  or  his  deputies  while 
engaged  in  the  execution  of  his  duties  under  this  ordinance,  by 
threats  of  violence  or  otherwise,  he,  she  or  they  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  a  fine  to  the  city 
of  Pekin  of  not  less  than  ten  nor  more  than  one  hundred  dollars,  to 
be  recovered  as  other  fines  are  in  the  city  of  Pekin. 


REVISED  ORDINANCES. 


97 


WOODEN  OR  FRAME  BUILDINGS. 

AN  ORDINANCE  in  relation  to  the  erection  of  wooden  or  frame  buildings, 
and  also  in  relation  to  lumber  yards  on  certain  blocks  in  the  city  of 
Pekin. 

Sec.  1.  Wooden  or  frame  buildings  and  lumber  yards  prohibited  on  cer¬ 
tain  blocks  ;  penalty. 

2.  Wooden  or  frame  additions  to  present  buildings  prohibited; 

penalty. 

3.  Wooden  or  frame  buildings  not  to  be  removed  to  blocks  men¬ 

tioned  in  first  section  ;  penalty. 

4.  Lumber  yards  to  be  removed  ;  penalty  for  failure. 

5.  Duty  of  the  city  marshal. 

fi.  Penalty^for  failure  wheiLnotified  by  marshal. 

7.  Ordinances  repealed. 

8.  Part  of  an  ordinance  repealed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  from  and  after  the  publication  of  this  ordinance,  it 
shall  not  be  lawful  for  any  person  or  persons,  corporation  or  cor¬ 
porations,  to  put,  build  or  erect  any  wooden  or  frame  structure, 
building  or  buildings,  or  to  erect  or  keep  any  lumber  yard  or 
lumber  yards,  for  the  keeping,  storing,  piling  or  selling  of  any  kind 
of  lumber,  lath  or  shingles,  upon  any  lot  or  lots,  in  any  of  the  fol¬ 
lowing  named  blocks,  to  wit :  blocks  six  (6),  seven  (7),  thirty, 
seven  (37),  thirty-eight  (38),  forty-six  (46),  forty-seven  (4-7), 
sixty-four  (64),  sixty-five  (65),  Seventy-one  (71),  seventy-two  (72), 
ninety  (90),  and  ninety-one  (91),  in  the  original  town  of  Pekin ; 
and  all  and  every  wooden  or  frame  structure,  building  or  buildings 
so  put,  built  or  erected,  or  about  to  be  or  in  process  of  so  being  put, 
built  or  erected,  and  all  and  every  such  lumber  yard  or  lumber  yards 
so  erected  or  kept,  on  any  lot  or  lots  in  any  of  said  blocks,  shall  be 
and  the  same  is  hereby  declared  to  be  a  public  nuisance;  and  all 
and  every  person  or  persons,  corporation  or  corporations,  who  shall 
be  guilty  of  a  breach  of  any  provision  of  this  section  of  this  ordi¬ 
nance,  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  one  hundred  dollars  nor  less  than  ten  dollars,  with  costs 
of  prosecution. 

§  2.  That  from  and  after  the  publication  of  this  ordinance,  it 
shall  not  be  lawful  for  any  person  or  persons,  corporation  or  corpo¬ 
rations,  to  put,  build  or  erect  any  wooden  or  frame  addition, 
extension  or  exterior  enlargement  or  alteration  whatsoever,  to  any 
building  or  buildiogs  now  built  or  erected  upon  any  lot  or  lots  in 
any  of  the  blocks  in  section  one  (1)  of  this  ordinance  named;’  and 

13 


98 


REVISED  ORDINANCES. 


all  and  every  such  addition,  extension  or  exterior  enlargement  or 
alteration  so  put,  built  or  erected,  shall  be  and  the  same  is  hereby 
declared  to  be  a  public  nuisance;  and  all  and  every  person  or  per¬ 
sons,  corporation  or  corporations,  guilty  of  a  breach  of  this  section 
of  this  ordinance,  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  Dor  less  than  ten  dollars, 
with  costs  of  prosecution, 

§  3.  That  from  and  after  the  publication  of  this  ordinance,  it  shall 
not  be  lawful  for  any  person  or  persons,  corporation  or  corporations, 
to  remove  any  wooden  or  frame  structure,  building  or  buildings  that 
may  now  be  built  or  erected  upon  any  lot  or  lots  in  any  of  said 
blocks,  from  the  said  lot  or  lots  to  any  other  lot  or  lots  in  any  of 
said  blocks;  and  every  wooden  or  frame  structure,  building  or  build¬ 
ings  so  removed,  shall  be  and  the  same  is  hereby  declared  to  be  a 
public  nuisance;  and  all  and  every  person  or  persons,  corporation 
or  corporations,  who  shall  be  guilty  of  any  breach  of  this  section  of 
this  ordinance,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  one  hundred  dollars  nor  less  than  ten  dollars,  with 
costs  of  prosecution. 

§  4.  That  all  and  every  lumber  yard  or  lumber  yards  for  the 
storing,  keeping,  piling  or  selling  of  any  kind  of  lumber,  lath  or 
shingles,  now  kept  or  erected  upon  any  lot  or  lots  in  any  of  said 
blocks,  and  which  shall  not,  at  the  expiration  of  ten  days  from  and 
after  the  publication  of  this  ordinance,  be  removed  to  some  place 
other  than  any  lot  or  lots  in  any  of  said  blocks,  shall  be  and  the 
same  is  hereby  declared  to  be  a  public  nuisance;  and  all  and  every 
person  or  persons,  corporation  or  corporations,  who,  after  the  expira¬ 
tion  of  the  said  ten  days,  shall  be  engaged  in  the  continuing  of  any 
such  lumber  yard  or  lumber  yards,  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars  nor  less  than 
ten  dollars,  with  costs  of  suit. 

§  5.  Whenever,  after  the  publication  of  this  ordinance,  there 
shall,  upon  any  lot  or  lots  in  any  of  the  said  blocks,  be  put,  built, 
erected  or  removed,  or  about  to  be  put,  built,  erected  or  removed, 
or  in  process  of  being  put,  built,  erected  or  removed,  any  wooden  or 
frame  structure,  building  or  buildings,  addition,  extension  or  exte¬ 
rior  enlargement  or  alteration,  the  putting,  building,  erecting  or 
removing  of  which  upon  such  lot  or  lots  is  by  this  ordinance  declared 
to  be  a  public  nuisance;  or  whenever,  after  the  publication  of  this 


REVISED  ORDINANCES. 


09 

ordinance,  any  lumber  yard  or  lumber  yards  shall  be  erected  or  kept 
or  continued  upon  any  lot  or  lots  in  any  of  said  blocks,  the  erecting 
or  keeping  or  continuing  of  which  is  by  this  ordinance  declared  to 
be  a  public  nuisance,  it  shall  be  the  duty  of  the  city  marshal  of  the 
city  of  Pekin  to  notify,  if  practicable,  the  owner  of  the  lot  or  lots 
in  any  of  the  said  blocks  upou  which  any  such  structure,  building 
or  buildings,  or  addition,  extension  or  exterior  enlargement  or  altera¬ 
tion,  or  lumber  yard  or  lumber  yards  shall  be,  or  the  owner  or  owners 
of,  or  the  person  or  persons  engaged  in  the  erecting  or  building  or 
removing  of  any  such  structure,  building  or  buildings,  addition  or 
extension  or  esterior  enlargement  or  alteration,  or  the  owner  or 
owners  of,  or  the  person  or  persons  engaged  in  the  erecting  or  keep¬ 
ing  or  continuing  of  any  such  lumber  yard  or  lumber  yards,  to  remove 
the  same  within  twenty-four  hours  after  the  service  of  such  notice,  to 
some  place  other  than  any  lot  or  lots  in  any  of  the  said  blocks  ;  and 
in  default  of  the  removal  of  any  such  wooden  or  frame  structure, 
building  or  buildings,  addition,  extension  or  exterior  enlargement  or 
alteration,  or  lumber  yard  or  lumber  yards,  within  twenty-four  hours 
after  the  service  of  such  notice  by  the  owner  thereof,  or  by  the  per¬ 
son  or  persons  in  charge  thereof,  it  shall  be  the  duty  of  the  city 
marshal  to  remove  or  cause  to  be  removed  the  same  forthwith,  after 
the  expiration  of  such  notice,  to  some  convenient  place  other  than 
any  lot  or  lots  in  any  of  the  said  blocks;  and  on  failure  of  the  owner 
thereof  to  pay  for  the  removal  of  the  same,  it  shall  be  lawful  for  the 
city  marshal  to  sell  so  much  of  the  material  of  such  structure,  build¬ 
ing,  addition,  extension,  or  exterior  enlargement  or  alteration,  or 
lumber  yard  or  lumber  yards,  as  may  be  necessary  to  pay  the  expense 
of  such  removal;  or  the  city  marshal  may  maintain  an  action  for 
such  expense  before  the  police  magistrate  of  the  city. 

§  G.  That  from  and  after  the  publication  of  this  ordinance,  any 
person  or  persons,  corporation  or  corporations,  who  shall  be  the 
owner  of  any  wooden  or  frame  structure,  building  or  buildings, 
addition,  extension  or  exterior  enlargement  or  alteration,  built  or 
erected  or  removed  or  kept  contrary  to  the  provisions  of  this  ordi¬ 
nance,  and  the  owner  or  owners  of  any  lot  or  lots  in  any  of  the  said 
blocks  upon  which  any  such  structure,  buildiug  or  buildings,  addi¬ 
tion,  extension  or  exterior  enlargement  or  alteration,  lumber  yard  or 
lumber  yards,  shall  be  built  or  erected  or  removed  or  kept -contrary 
to  the  provisions  of  this  ordinance,  who  shall  be  notified  to  remove 


100 


REVISED  ORDINANCES. 


the  same  by  the  eitjT  marshal,  and  who  shall  neglect  to  remove  the 
same  within  forty-eight  hours  after  the  service  of  such  notice,  shall 
forfeit  and  pay  five  dollars  for  each  and  every  day  the  same  shall  be 
suffered  to  remain  on  any  lot  or  lots  in  any  of  the  said  blocks,  after 
the  expiration  of  the  said  notice,  to  be  sued  for  and  recovered  before 
the  police  magistrate  of  the  city  of  Pekin,  as  in  other  cases  provided 
for,  with  costs  of  prosecution. 

§  7.  That  an  ordinance,  entitled  u  An  ordinance  in  relation  to  the 
erection  of  frame  buildings  and  lumber  yards  on  certain  blocks  in 
the  city  of  Pekin,”  passed  December  5th,  1859,  and  all  ordinances 
amendatory  or  supplemental  thereto,  be  and  the  same  are  hereby 
repealed,  except  that  no  offense  committed,  and  no  fine,  penalty  or 
forfeiture  incurred  under  any  of  said  ordinances  previous. to  the 
publication  of  this  ordinance,  shall  be  at  all  released,  affected,  or  in 
any  way  discharged  by  such  repeal;  but  the  trial,  conviction  and 
punishment  of  all  such  offenses  and  the  recovery  of  all  such  fines, 
penalties  and  forfeitures  shall  be  had  in  all  respects  as  if  such  ordi¬ 
nances  had  remained  in  full  force. 

§  8.  That  so  much  of  an  ordinance,  entitled  “An  ordinance  to 
amend  the  several  ordinances  of  the  city  of  Pekin  in  relation  to 
fines,”  as  is  inconsistent  or  in  conflict  herewith,  be  and  the  same  is 

hereby  repealed. 

\  •  4  .  .  % , 

‘  /,  \  *  '  '  '  ,  I  N  \  ^  - 

HORSES. 

AN  ORDINANCE  in  relation  to  horses  running  at  large  within  the  city  of 
Pekin. 

Sec.  1.  All  horses,  mules,  &c,,  at  large,  declared  a  nuisance;  penalty, 

2.  City  marshal  to  take  up  horses,  &c.,  prosecute  owner  and  sell 
the  same;  owner  may  have  money  refunded;  marshal  to  report 
monthly ;  mayor  to  keep  book ;  owner  may  redeem  before  sale. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  no  person  shall  turn  out  loose,  or  suffer  to  go  afc 
large,  or  go  to  water  in  the  city  of  Pekin,  without  a  suitable  person 
to  lead  the  same,  any  horse,  mare,  gelding,  colt,  mule  or  ass ;  and 
all  such  horses,  mares,  geldings,  colts,  mules  or  asses  running  at 
large  as  aforesaid  are  hereby  declared  a  nuisance,  and  every  person 
so  offending  shall,  on  conviction  thereof,  forfeit  and  pay  the  sum  of 
five  dollars  for  each  offense. 


REVISED  ORDINANCES. 


101 


§  2.  It  shall  be  and  is  hereby  made  the  duty  of  the  city  marshal 
to  take  up  any  horse,  mare,  gelding,  eolt,  mule  or  ass  turned  loose 
and  running  at  large  within  the  said  city,  and  prosecute  the  owner 
thereof,  if  known,  and  if  a  resident  within  the  limits  of  said  city, 
for  a  breach  of  this  ordinance;  and  upon  conviction,  if  the  owner 
thereof  shall,  within  five  days  thereafter,  pay  to  the  city  marshal 
the  penalty  herein  provided,  and  a  fee  of  one  dollar  for  taking  up, 
and  reasonable  expenses  for  keeping  the  same,  such  property  so 
taken  up  shall  be  restored  to  the  owner;  but  if  the  owner  does  not 
redeem  the  same  within  the  said  time,  by  payment  as  aforesaid,  the 
city  marshal  shall  expose  and  sell  the  same  at  public  auction  to  the 
highest  and  best  bidder  for  cash,  after  having  given  ten  days’  notice 
thereof  in  three  of  the  most  public  places  in  said  city  of  the  time 
and  place  of  sale,  with  a  brief  description  of  the  property;  and  the 
money  arising  from  such  sale,  after  paying  the  amount  of  the  pen¬ 
alty  and  the  costs  of  prosecution,  and  all  costs  and  expenses  of  taking 
up,  keeping,  advertising  and  selling,  shall  be,  on  demand,  forthwith 
paid  over  to  the  owner  of  said  auimal ;  but  if  the  city  marshal,  after 
making  diligent  inquiry,  shall  be  unable  to  find  any  owner  or  owners 
for  such  animal  so  taken  up  as  aforesaid,  within  ten  .days  thereafter, 
he  shall  thereupon  proceed  to  sell  the  same,  after  having  given  ten 
days’  previous  notice  as  aforesaid,  and  the  moneys  arising  from  such 
sale,  after  paying  the  fee  for  taking  up,  and  reasonable  expenses  for 
keeping  and  selling,  shall  be  paid  into  the  city  treasury,  to  be 
refunded  to  the  owner  or  owners  of  property  so  taken  up  and  sold  as 
aforesaid,  if  applied  for,  and  the  property  duly  proved  before  the 
mayor  within  one  year  after  such  sale,  deducting  the  amount  of  the 
penalty ;  and  the  mayor  shall  issue  an  order  to  the  city  treasurer, 
or  to  the  person  in  whose  hands  the  money  may  be,  for  the  amount 
found  to  be  due  to  such  owner  or  owners;  but  if  no  application  is 
made  within  one  year  after  such  sale,  the  money  shall  be  applied  to 
the  use  of  the  city;  and  the  city  marshal  is  required  and  it  is 
hereby  made  his  duty  to  make  a  return  to  the  mayor  of  said  city,  on 
the  first  Monday  of  each  and  every  month,  a  description  of  all  ani¬ 
mals  taken  up  and  sold  by  him  by  virtue  of  this  section,  and  a  full 
and  correct  statement  of  all  his  actings  and  doings  therein,  which 
shall  be  recorded  by  the  mayor  in  a  book  to  be  kept  for  that  pur¬ 
pose,  and  subject  at  all  reasonable  times  to  the  inspection  of  any 
person  or  persons.  Nothing  herein  contained  shall  prevent  the 


102 


REVISED  ORDINANCES. 


owner  or  owners  of  such  property  taken  up  as  aforesaid  from  recov¬ 
ering  the  same  by  payment  of  fine,  costs  and  charges  at  any  time 
before  the  sale  thereof 


iiogs. 

AN  ORDINANCE  in  relation  to  swine  running  at  large  within  the  city  of 
Pekin. 

Sec.  1.  All  swine  running  at  large  declared  a  nuisance  ;  duty  of  marshal. 

2.  Private  persons  may  take  up  hogs. 

3.  Marshal,  upon  notice,  to  take  up  all  swiue. 

4.  Marshal  shall  sell  hogs  after  giving  notice:  owner  may  redeem 

swine  before  sale  ;  if  no  person  bid,  what  to  be  done. 

5.  Penalty  for  breaking  open  pound. 

(3.  Ordamutces  repealed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  no  swine  of  any  kind  whatever  shall  be  permitted 
to  run  at  large  within  the  limits  of  the  city  of  Pekin  ;  and  all  swine 
running  at  large  in  the  streets,  lane’,  alleys  or  other  public  places 
within  said  city,  shall  be  considered  and  are  hereby  declared  to  be  a 
nuisance;  and  any  swine  which  may  be  found  running  at  large  as 
aforesaid,  shall  be  taken  up  under  the  direction  of  the  city  marshal 
and  placed  in  seme  secure  pen  or  pound,  to  be  by  him  provided  for 
that  purpose. 

§  2.  That  any  private  person  who  has  been  injured  in  his  property, 
or  is  in  danger  of  being  injured  by  any  swine  running  at  large, 
may,  in  his  discretion,  take  up  and  confine  them  in  some  convenient 
place  within  the  limits  of  said  city,  or  he  may  confine  them  in  the 
pen  or  pound  provided  by  the  city  marshal ;  and  it  shall  be  the  duty 
of  the  person  so  taking  up  any  swine  to  notify  the  city  marshal 
thereof,  within  twenty-four  hours  thereafter;  and  the  city  marshal 
shall  thereupon  proceed  in  all  respects  the  same  as  if  he  had  himself 
taken  up  said  swine. 

§  3.  It  shall  be  the  duty  of  the  city  marshal  in  all  cases  when  he 
shall  be  notified  by  any  citizen  or  resident  of  said  city,  that  any 
swine  are  running  at  large  therein,  immediately  and  with  all  due 
diligence  to  use  his  best  exertions  to  take  up  or  cause  to  be  taken 
up  any  swine  running  at  large,  and  to  confine  them  in  the  pen  or 
pound  provided  for  that  purpose. 

§  4.  When  any  swiue  are  taken  up  by  virtue  of  any  or  all  of  the 
foregoing  sections,  it  shall  be  lawful  for  the  city  marshal,  and  it 
is  hereby  made  his  duty,  to  sell  the  same  at  public  auction  to  the 


REVISED  ORDINANCES. 


103 


highest  aud  best  bidder  for  cash,  after  having  given  three  days’ 
notice  in  three  of  the  most  public  places  in  the  city  of  Pekin,  of  the 
time  and  place  of  such  sale,  with  a  brief  description  of  the  property, 
its  color,  marks  and  brands  ;  and  the  money  arising  therefrom  shall, 
after  deducting  the  expenses  of  taking  up  and  selling,  be  paid  over 
to  the  owner  or  owners  thereof,  on  their  proving,  to  the  satisfaction 
of  the  city  marshal,  that  the  property  of  such  swine  is  in  him  or 
them ;  but  if  no  owner  appear  within  ten  days  after  such  sale,  the 
said  money,  after  deducting  the  costs  and  charges,  shall  thereupon 
be  paid  into-  the  city  treasury  aud  become  a  part  of  the  city  revenue  ; 
jarovided,  that  the  owner  or  owners  of  any  such  swine  at  any  time 
previous  to  such  sale,  may  redeem  the  same  by  paying  to  the  city 
marshal  the  sum  of  fifty  cents  for  each  boar,  sow  or  barrow,  and 
seventy-five  cents  for  each  sow  with  her  pigs,  so  taken  up,  to  be 
retained  by  said  marshal  in  full  of  all  fees,  costs  and  charges;  and 
if  no  person  shall  appear  and  bid  at  any  sale  provided  for  by  this 
Ordinance,  it  shall  be  lawful  for  the  city  marshal  to  appropriate  any 
such  swine  to  his  own  use,  and  such  appropriation  shall  be  deemed 
and  taken  to  be  in  full  discharge  of  all  fees,  costs,  charges  and 
expenses  accruing  to  him  under  this  ordinance. 

§  5.  If  any  person  shall  break  or  otherwise  open  any  pen  or 
pound,  or  let  oufrauy  boar,  sow,  barrow,  or  swine  of  any  kind  what¬ 
ever,  impounded  by  virtue  and  in  accordance  with  the  provisions  of 
this  ordinance,  every  person  so  offending  shall  forfeit  and  pay  any 
sum  not  exceeding  fifty  nor  less  than  five  dollars. 

§  6.  Be  it  further  ordained ,  That  all  ordinances  and  parts  of 
ordinances  in  conflict  with  this  ordinance,  be  and  the  same  are  hereby 
repealed. 


AUCTIONEERS. 

AN  ORDINANCE  for  the  licensing  of  auctioneers  in  the  city  of  Pekin. 

Sec.  1.  Auctioneers  to  be  licensed, 

2.  Amount  of  license  and  per  centage;  licentiate  to  enter  into  bond; 

to  file  statement  with  police  magistrate,  &c. 

3.  On  failure  to  pay  per  centage,  license  to  be  void;  no  person  to 

sell  under  license  granted  to  another. 

4.  No  person  to  sell  without  license  ;  penalty. 

5.  Ordinances  repealed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  all  person  or  persons,  or  venders  of  goods,  wares,, 


104 


REVISED  ORDINANCES. 


merchandise,  real  estate  or  other  property,  at  public  auction,  Vendue 
or  out-cry,  within  the  corporate  limits  of  the  city  of  Pekin,  shall 
obtain  a  license  from  the  city  council  of  said  city;  which  license 
shall  be  under  the  seal  thereof,  and  signed  by  the  mayor  and  clerk 
of  said  city,  and  shall  be  granted  for  the  term  of  one  year. 

§  2.  That  each  applicant  applying  for  the  license  provided  for  in 
the  first  section  of  this  ordinance,  shall  pay  into  the  treasury,  for  the 
use  of  said  city,  the  sum  of  twenty-five  dollars,  and  shall  also  pay,  in 
addition  thereto,  one  per  cent,  on  all  property  sold  by  him  during 
the  existence  of  said  license,  which  shall  be  paid  into  the  treasury 
of  said  city  monthly;  and  shall  also  enter  into  a  bond  to  the  said 
city  of  Pekin,  in  the  penal  sum  of  two  hundred  dollars,  with  some 
responsible  freeholder,  a  resident  of  Tazewell  county,  Illinois,  as 
security,  conditioned  to  pay  into  the  treasury  of  said  city,  at  the 
end  of  each  month  after  the  date  of  his  license,  one  per  cent,  on 
the  amount  of  sales  of  property  during  said  month;  and  that  the 
said  licentiate  will  also  file  with  the  police  magistrate  a  full  and 
complete  statement,  at  the  end  of  each  month,  as  aforesaid,  of  all 
property  sold  by  him  during  said  month,  and  when  sold;  which 
statement  shall  be  under  the  oath  of  said  licentiate ;  and  that  he 
will  observe  all  ordinances  that  are  now  in  force,  or  which  may 
hereafter  be  in  force,  in  the  said  city  of  Pekin,  regelating  the  duties 
of  auctioneers;  which  security  shall  be  approved  by  the  city  council. 

§  3.  That  any  failure  on  the  part  of  any  person  or  persons  or 
corporation  having  a  license  as  aforesaid,  to  pay  the  per  cent,  on  the 
sales  made  by  him  monthly,  as  required  by  the  second  section  of 
this  ordinance,  or  who  shall  fail  to  file  with  the  police  magistrate 
the  statement  required  by  the  said  second  section,  shall  render 
every  such  license  issued  to  said  person  or  persons  or  corporation  as 
aforesaid,  null  and  void;  provided,  further ,  that  no  person  shall  be 
allowed  to  sell  property  at  auction  in  pursuance  of  any  license 
granted  by  virtue  of  this  ordinance,  unless  the  license  is  granted  to 
the  person  selling. 

§  4.  That  no  person,  persons  or  corporation  shall  sell  or  vend  any 
goods,  wares  or  merchandise,  real  estate  or  other  property  whatever, 
in  the  limits  of  said  city,  at  public  auction,  without  first  having 
obtained  a  license  for  that  purpose  in  the  manner  provided  in  the 
second  section  of  this  ordinance;  and  any  person  or  persons  or  cor¬ 
poration  violating  this  ordinance  in  any  manner,  shall  forfeit  and 


REV  1SE1)  ORDINAL CES. 


105 


pay  to  the  city  of  Pekin,  upon  conviction  thereof  before  the  police 
magistrate  of  said  city,  not  less  than  five  nor  more  than  one  hundred 
dollars. 

§  5.  All  ordinances  or  parts  of  ordinances  in  conflict  with  this 
ordinance  are  hereby  repealed ;  and  this  ordinance  shall  take  effect 
from  and  after  its  passage. 


BROKERS. 

AN  ORDINANCE  regulating  loan  and  exchange  brokers’  offices. 

Sec.  1.  Prohibiting  dealing  in  exchange  without  license. 

2.  Mode  of  obtaining  license. 

3.  Penalty  for  opening  office,  &c. 

4.  Duties  of  clerk  and  marshal. 

5.  License  not  transferable  without  consent  of  council. 

Be.  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  it  shall  not  be  lawful  for  any  person  within  the  city 
of  Pekin,  to  pursue  and  follow,  as  an  ordinary  and  principal  occupa¬ 
tion,  the  employment  and  business  of  dealing  in  money  or  credits  in 
any  character  whatever,  without  a  license  from  the  city  council. 

§  2.  That  every  application  for  a  license  to  deal  in  money  or  credits 
shall  be  referred  to  a  committee  of  three  members,  to  examine  and 
make  report  at  what  price  said  license  shall  be  issued.  The  city 
council  shall,  on  the  report  of  the  committee,  and  such  other 
information  as  may  be  before  them,  fix  the  price  of  license,  and 
make  an  order  for  issuing  the  same ;  and  upon  the  production  of 
the  treasurer’s  receipt  for  the  sum  assessed  on  such  license,  with  the 
fees  of  the  clerk  for  issuing  such  license,  he  shall  issue  a  license  to 
the  applicant  for  the  term  of  one  year,  which  shall  authorize  the 
said  applicant  to  carry  on  the  said  occupation  and  employment  of 
loan  and  exchange  broker  in  said  city,  at  the  place  in  said  license 
specified. 

§  3.  That  if  any  person,  without  first  having  obtained  a  license 
as  herein  directed,  shall  open  a  loan  or  broker’s  office,  or  a  private 
bank,  or  shall  make  his  private  dwelling  or  building  dependent 
thereto  a  place  for  dealing  in  money  or  credits  ;  or  if  any  person 
shall,  in  any  other  mode  or  manner,  carry  on  the  buying  and  selling 
of  gold  and  silver  coins,  or  bank  notes,  or  bills  of  exchange  or  prom¬ 
issory  notes,  or  written  undertakings  for  the  payment  of  money  in 
any  form  whatever  ;  or  if  any  person  shall  open  a  loan  office,  or  shall 

14 


REVISED  ORDINANCES. 


106 

effect  loans  of  money  or  credit  as  part  of  au  ordinary  or  principal 
occupation,  every  person  so  offending  shall,  for  every  day  so  offend¬ 
ing,  forfeit  and  pay  not  less  than  five  nor  more  than  ten  dollars,  with 
costs,  to  the  city  of  Pekin,  to  be  recovered  as  other  penalties  are  in 
said  city. 

4/ 

§  4.  The  clerk  of  the  city  of  Pekin  shall  keep  a  list  of  all  the 
licenses  issued  by  him  under  this  ordinance,  which  shall  be  open  to 
the  inspection  of  the  city  marshal,  and  whose  duty  it  shall  be  to 
diligently  examine  if  any  violations  of  this  ordinance  exist,  and,  if 
any,  enter  complaint  thereof  before  the  police  magistrate  without 
delay, 

§  5.  The  said  license  under  this  ordinance  shall  not  be  transfer¬ 
able  from  the  place  named  in  the  license,  without  the  express  con¬ 
sent  of  the  council;  and  a  license  granted  to  one  or  more  individ¬ 
uals  shall  not  be  construed  so  as  to  authorize  any  other  person  or 
persons  to  do  business  under  the  same,  at  the  place  mentioned  in 
the  license,  or  at  anyplace,  either  as  partner  of  such  person  or 
persons  obtaining  such  license,  or  in  any  other  relation  whatever. 


CARTS,  DRAYS  AND  WAGONS. 

AN  ORDINANCE  to  provide  for  licensing  and  regulating  carts,  wagons 
and  drays. 

Sec.  1,  Prohibition  from  running  drays,  carts  or  wagons  without  license. 

2.  Owners  of  drays  to  register  number  with  the  city  clerk. 

3.  Rates  allowed  for  drayage. 

4.  Prohibition  from  separating  team  and  running  two  drays. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  no  person  shall  drive  or  run,  or  cause  to  be  driven, 
any  eart  or  dray  or  wagon,  for  the  purpose  of  hauling  grain,  pork  or 
other  thing,  to  any  steam,  canal  or  other  boat,  to  be  shipped,  or 
for  hauling  any  grain,  pork,  lumber,  goods,  or  other  thing  landed  in 
said  city  by  any  steam,  canal,  or  other  kind  of  boat,  or  for  hauling 
any  water  or  other  thing  from  one  part  of  said  city  to  another,  or 
shall  haul  anything  as  aforesaid,  or  shall  take,  carry  or  convey  to  or 
from  any  steam,  canal  or  other  boat,  or  to  or  from  any  other  place 
in  said  city,  who  shall  not  have  obtained  from  the  city  council  a 
license  so  to  do,  except  farmers  and  others,  who  may  haul  with  their 
own  team  or  dray  their  own  individual  produce,  goods  or  things  to 
nr  from  any  boat,  or  to  and  from  any  place  in  said  city;  and  every 


REVISED  ORDINANCES. 


107 


person  or  persons  who  shall,  from  and  after  the  passage  of  this 
ordinance,  so  take  and  haul  any  grain,  pork,  water  or  other  things 
as  aforesaid  in  said  city,  or  cause  the  same  to  be  done,  and  shall 
directly  or  indirectly  charge,  take  or  receive  anything  therefor,  not 
having  a  license  so  to  do,  (provided  that  goods  and  other  things 
shipped  on  commission,  or  received  on  commission  by  any  person 
shall  be  deemed  the  goods  of  others,)  shall,  on  proof  thereof  before 
the  police  magistrate,  he  fined,  or  forfeit  and  pay  any  sum  not 
exceeding  fifty  dollars,  for  each  and  every  offense  committed. 

§  2.  Any  person  or  persons  who  may  be  desirous  of  keeping  any 
dray,  cart  or  wagon  for  the  purpose  of  hauling  anything  in  the  city 
for  others,  may  have  a  license  so  to  do  on  payment  to  the  treasurer 
of  said  city  the  sum  of  ten  dollars  for  each  dra}T,  cart  or  wagon  he 
may  be  desirous  to  keep,  provided  the  dray,  cart  or  wagon  so  licensed 
shall  be  recorded  in  the  office  of  the  clerk  of  the  city,  with  the  name 
of  the  owner,  number  of  the  dray,  cart  or  wagon  so  licensed;  and 
each  wagon,  cart  or  dray  shall  have  painted  in  large  figures  on  the 
near  shaft  or  side,  or  other  conspicuous  place  thereof,  the  number 
of  said  license;  and  should  such  dray,  cart  or  wagon  be  traded  or 
sold  by  the  person  owning  the  same,  or  by  his  authority,  express  or 
implied,  the  license  may  be  so  transferred  also;  provided,  that  the 
person  buying  shall  be  required  to  notify  the  clerk  of  the  city  of 
said  transfer  in  two  days  from  the  date  thereof;  and  provided ,  that 
a  license  to  keep  a  dray,  cart  or  wagon  may  authorize  the  person  so 
licensed  to  keep  one  team  or  dray,  cart  or  wagon,  and  run  either,  so 
that  he  does  not  run  more  than  the  one  team  at  any  time  during  the 
year. 

§  3.  Any  person  who  may  take  out  a  license  to  run  a  dray,  cart 
or  wagon  within  the  limits  of  the  city,  shall  be  permitted  to  charge 
the  following  rates  and  no  more,  to  wit:  For  each  dray  load  to  any 
part  of  the  city,  fifteen  cents ;  for  each  load  for  one  horse  or  mule 
wagon,  fifteen  cents ;  for  each  load  with  two  horses,  mules  or  oxen 
and  wagon,  twenty-five  cents;  for  each  load  with  water  carts,  ten 
cents  ;  for  each  load  with  cart  of  other  kind,  fifteen  cents;  provided , 
all  persons  who  may  have  taken  out  a  license  as  aforesaid,  shall  be 
required  to  haul  any  goods  or  other  tilings  usually  hauled  on  such 
dray,  cart  or  wagon  within  the  limits  of  said  city,  for  any  person  or 
persons  who  may  tender  them  the  rates  aforesaid  in  money,  for  so 
•  doing,  except  it  be  to  haul  filth  or  other  nuisances,  in  which  case 


108 


RE  VISED  ORBINA  NOES. 


they  may  charge  double  of  the  above  rates ;  and  every  drayman, 
eartman  or  wagoner,  who  shall  refuse  to  haul  for  any  person  or  per¬ 
sons  on  the  money  being  tendered,  who  shall  not  then  be  engaged 
in  hauling  for  others,  or  have  a  reasonable  excuse  for  so  refusing, 
shall,  on  complaint  thereof  before  the  police  magistrate,  be  fined  and 
forfeit  and  pay  any  sum  not  exceeding  fifty  dollars  for  each  offense. 

§  4.  That  no  person  having  a  license  to  work  a  two-horse,  mule 
or  ox  team,  shall  be  permitted  to  separate  said  team  and  work  them 
separately  in  drays  or  carts,  but  may  work  them  both  attached  to 
aDy  dray  or  cart ;  though  any  person  having  a  license  to  run  two 
drays  may  unite  his  two  horses,  mules  or  oxen  and  work  to  a  wagon 
at  any  time;  and  provided,  further ,  that  any  person  may  take  out 
a  license  to  run  a  two-horse  wagon  for  three  months  for  six  dollars, 
and  six  months  for  eight  dollars. 

CARTS,  DRAYS  AND  WAGONS. 

AN  ORDINANCE  to  amend  an  ordinance,  entitled  “An  ordinance  to  provide 
for  licensing  and  regulating  carts,  wagons  and  drays.” 

Sec.  1.  Penalty  for  failure  to  place  letters  or  figures  on  drays,  &e. 

2.  Penalty  for  falsely  marking  drays,  &c. 

3.  Duty  of  marshal  to  publish  names  monthly,  &c. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  if  any  person  or  persons  licensed  to  run,  or  cause  to 
be  run  or  driven,  any  cart,  dray  or  wagon,  by  virtue  of  an  ordinance 
of  the  city  of  Pekin,  entitled  “An  ordinance  to  provide  for  licensing 
and  regulating  carts,  wagons  and  drays,”  shall  fail  to  have  painted 

in  large  letters  or  figures  in  a  conspicuous  place  on  each  wagon, 
cart  or  dray  so  licensed,  the  number  of  said  license,  as  required  by 

section  two  of  the  ordinance  above  mentioned,  shall  forfeit  and  pay, 
upon  conviction  thereof,  any  sum  not  exceeding  twenty-five  dollars 
for  each  failure ;  to  be  recovered  as  other  fines  for  violating  city 
ordinances  are  recovered. 

§  2.  If  any  person  or  persons  shall  falsely  place,  or  cause  to  be 
placed,  on  his  or  her  wagon,  dray,  cart,  or  other  vehicle  not  licensed 
as  required  by  said  ordinance,  any  figures  or  numbers  to  indicate 
that  the  same  has  been  licensed,  each  person  or  persons  so  offending 
shall  be  fined  in  any  sum  not  exceeding  twenty-five  dollars. 

§  S.  It  shall  be  the  duty  of  the  city  marshal  to  publish,  every 


REV  I SED  ORDINA  NCES. 


109 


month,  the  names  of  all  persons  having  licenses  to  run  or  cause  to  bo 
run  any  cart,  dray  or  wagon,  in  said  city,  iu  some  newspaper  of  said 
city,  and  arrest  all  persons  who  shall  be  guilty  of  a  violation  of  this 
ordinance  or  the  ordinance  to  which  it  is  an  amendment,  and  take 
them  before  the  police  magistrate,  to  be  dealt  with  according  to  law. 


DOGS. 

AN  ORDINANCE  in  relation  to  dogs  and  sluts  running  at  large  within  the 
city  of  Pekin. 

Sec.  1.  Dogs  and  sluts  prohibited  from  running  at  large  ;  duty  of  owner. 

2.  Clerk  of  the  city  council  to  give  certificate  of  registry  ;  treasurer 

to  countersign. 

3.  Dogs  and  sluts  running  at  large  to  be  killed. 

4.  Penalty  for  permitting  fierce  dogs  to  run  at  large;  marshal  to 

slay  the  same. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  no  dog  or  slut  kept  within  the  city  of  Pekin  shall 
run  at  large  within  said  limits,  unless  the  owner  thereof  shall  put 
upon  the  neck  of  such  dog  or  slut  a  collar  made  of  metal,  or  a  collar 
having  a  metallic  plate  affixed  thereto,  on  which  the  name  of  such 
owner  shall  be  inscribed  in  plain  letters;  and  unless  such  owner 
shall  also  give  his  name  and  a  description  of  such  dog  or  slut  to  the 
city  clerk,  who  shall  register  the  same  in  a  book  kept  for  that  pur¬ 
pose  ;  and  the  owner  thereof  shall,  at  the  same  time,  pay  to  the  city 
treasurer  a  tax  of  one  dollar  for  eaeh  and  every  dog,  and  three  dol¬ 
lars  for  each  and  every  slut  by  him  kept  and  suffered  to  run  at 
large;  and  shall  annually  thereafter  register  and  pay  the  like 
amounts  for  each  and  every  dog  or  slut  so  to  be  kept ;  which  money 
shall  be  received  into  the  city  treasury  for  the  city;  and  every  dog  or 
slut  running  at  large  contrary  to  the  provisions  of  this  ordinance, 
shall  be  deemed  a  nuisance,  and  the  owner  thereof  shall,  upon  con¬ 
viction,  forfeit  and  pay  the  sum  of  five  dollars. 

§  2.  Upon  the  registry  of  such  dog  or  slut  by  the  owner  thereof, 
the  city  clerk  shall  thereupon  give  a  certificate  thereof,  describing 
the  animal;  which  certificate  shall  be  in  the  following  terms,  to  wit: 

“I,  A.  B.,  clerk  of  the  city  council  of  the  city  of  Pekin,  in  the  county  of 

Tazewell  and  state  of  Illinois,  do  hereby  certify  that - has  this  day 

registered  in  my  office  a  dog,  (or  slut,  as  the  case  may  be,)  of  the  following 
description:  (here  describe  the  animal,)  and  has  also  paid  into  the  city 
treasury  the  sum  of - .  (Date,  &c .)” 

Which  certificate  shall  be  countersigned  by  the  city  treasurer, 


110 


REVISED  ORDINANCES. 


•and  shall  be  evidence  of  the  payment  of  the  money  as  therein  speci¬ 
fied.  At  the  time  of  issuing  such  certificate,  the  clerk  shall  charge 
the  treasurer  with  the  amount  thereof. 

§  8.  Every  dog  or  slut  running  at  large  contrary  to  the  provisions 
of  this  ordinance,  shall  be  taken  up  and  killed  under  the  direction 
of  the  city  marshal;  and  upon  due  proof  of  the  slaying  of  such  dog  or 
slut,  and  that  the  same  has  been  removed  to  some  place  beyond  the 
limits  of  the  city,  being  made  to  the  satisfaction  of  the  city  clerk, 
he  shall  certify  the  same  to  the  city  treasurer,  who  shall  pay  the 
officer  the  sum  of  one  dollar  for  each  dog  or  slut  so  slain  or  removed; 
provided ,  that  this  ordinance  shall  not  apply  to  any  dog  or  slut 
brought  into  the  city  by  any  person  not  being  a  resident  thereof, 
until  such  dog  or  slut  shall  have  been  in  the  city  three  days,  at  least. 

§  4.  No  person  shall  permit  any  fierce  or  dangerous  dog  to  go  at 
large  within  the  limits  of  the  city  of  Pekin;  and  every  person  so 
offending  shall,  on  conviction,  forfeit  and  pay  the  sum  of  five  dollars 
for  the  first  offense  ;  and  if  any  person  shall  a  second  time  be  con¬ 
victed  of  permitting  the  same  fierce  and  dangerous  dog  to  run  at 
large,  such  person  shall  forfeit  and  pay  the  sum  of  twenty-five  dol¬ 
lars  ;  and  it  shall  be  the  duty  of  the  city  marshal  to  cause  the  said 
dog  to  be  slain  or  removed  without  the  limits  of  the  city. 


DOGS. 

AN  ORDINANCE  supplemental  to  an  ordinance,  entitled  “An  ordinance  in 
relation  to  dogs  and  sluts  running  at  large  within  the  city  of  Pekin. 

^  ,Sec.  1.  Owners  required  to  muzzle  dogs. 

2.  Penalty  for  neglect, 
o.  Reference  to  former  ordinance. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: , 

Sec.  1.  That,  in  addition  to  the  requirements  of  the  ordinance  to 
which  this  is  supplemental,  no  dog  or  slut  kept  within  the  limits  of 
the  city  of  Pekin  shall  be  allowed  to  run  at  large  within  said  city, 
unless  the  owner  thereof  shall  put  upon  the  head  of  such  dog  or 
slut  a  good  and  sufficient  muzzle,  to  prevent  such  dog  or  slut  from 
biting. 

§  2.  Any  dog  or  slut  found  running  at  large  within  said  city 
limits,  and  within  the  time  in  section  one  (1)  stated,  without  such 
muzzle,  shall  be  deemed  a  nuisance;  and  the  owner  thereof  shall, 


REVISED  ORDINANCES. 


Ill 


upon  conviction  of  a  breach  of  this  ordinance,  be  fined  in  any  sum 
not  more  than  one  hundred  dollars  nor  less  than  one  dollar,,  and 
costs  of  suit. 

§  3.  Every  dog  or  slut  found  running  at  large  contrary  to  the 
provisions  of  this  ordinance,  shall  be  dealt  with  in  the  same  manner 
as  is  provided  in  section  three  (3)  of  the  ordinance  to  which  this  is- 
supplemental. 

§  4.  This  ordinance  to  be  in  force  from  and  after  its  publication,. 


LICENSES— PEDDLERS,  &c. 

AN  ORDINANCE  relative  to  granting  licenses  for  various  purposes  therein* 
mentioned. 

Sec.  1.  Peddlers  and  showmen  to  obtain  license. 

2.  Application  for  license  to  city  council. 

3.  In  vacation,  application  made  to  clerk. 

4.  Clerk  to  keep  record  of  licenses  and  permits  granted. 

6.  Penalty  for  violating  the  provisions  of  this  ordinance. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  peddlers  and  all  persons,  before  they  exhibit  any 
theatrical  or  other  show,  performance  or  amusement  for  profit  or 
gain,  in  the  city  of  Pekin,  shall  be  required  to  obtain  license  for 
that  purpose  from  the  city  council  of  the  city  of  Pekin,  or  from  the 
clerk  thereof,  if  in  vacation  of  said  council,  as  is  hereinafter  directed; 
which  license  shall  be  granted  by  the  city  council  and  signed  by  the- 
mayor,  and  in  his  absence  by  the  president  pro  tem.,  and  attested 
by  the  clerk  thereof  under  the  seal  of  said  city ;  and  which  license,, 
when  so  granted,  shall  authorize  the  person  or  persons  to  whom  the 
same  is  granted  to  pursue  any  and  all  pursuits  named  therein,  for 
any  period  of  time  not  exceeding  one  year,  to  be  limited  and  set 
forth  in  said  license. 

§  2.  That  whenever  any  person  or  persons  shall  apply  to  the  city 
council  for  a  license  for  any  of  the  purposes  aforesaid,  the  city 
council  shall  determine  and  fix  the  price  that  shall  be  paid  by  the 
applicant;  'provided ,  that  the  same  shall  not  be  less  than  three  nor 
more  than  one  hundred  dollars. 

§  3.  That  if,  during  the  time  between  the  meeting  of  the  city 
council,  any  person  or  persons  shall  apply  to  the  clerk  of  the  city 
council  for  a  license  for  any  such  purpose,  to  be  commenced  imme¬ 
diately,  and  before  the  meeting  of  the  city  council,  the  said  clerk 


112 


REVISED  ORDINANCES. 


may  grant  a  license  or  permit  to  such  person  or  persons,  to  do, 
perform  or  exhibit,  as  requested,  until  the  next  meeting  of  the  said 
council,  upon  the  payment,  in  advance,  of  the  sum  of  not  less  than 
three  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
day  for  such  license  or  permit,  which  sum  so  paid  to  the  clerk  shall 
be  by  him  paid  to  the  treasurer,  and  take  his  duplicate  receipt 
therefor,  one  of  which  he  shall  produce  at  the  next  meeting  of  the 
said  council,  with  a  report  of  his  doings  in  the  premises;  and  if  the 
license  be  desired  for  a  longer  time,  the  said  council  shall  act  thereon 
as  in  other  cases. 

§  4.  The  clerk  of  the  city  council  shall  be  required  to  enter,  in  a 
book  provided  for  that  purpose,  a  true  and  correct  account  of  all 
licenses  and  permits  granted,  the  date,  the  price  paid,  the  time  for 
which  they  are  granted,  and  for  what  purpose ;  and  for  such  services 
he  shall  be  entitled  to  receive  such  sum  as  shall  be  provided  by 
ordinance  therefor,  to  be  paid  by  the  applicant  or  applicants,  in 
addition  to  the  sum  fixed  by  the  city  council  or  by  said  clerk. 

§  5.  That  if  any  person  or  persons,  company,  body  politic  or  cor¬ 
porate,  shall  peddle  any  goods  or  merchandise,  or  if  any  person  or 
persons,  company,  body  politic  or  corporate,  shall  keep  and  exhibit 
any  theatrical  or  other  exhibition,  or  public  performance,  or  public 
exhibition,  for  profit  or  gain,  within  the  city  of  Pekin,  without  having 
obtained  a  license  therefor,  in  pursuance  of  this  ordinance,  such  per¬ 
son  or  persons,  body  politic  or  corporate,  shall  forfeit  and  pay  to  the 
city  of  Pekin,  for  each  and  every  such  offense,  a  fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars,  with  costs  of  prosecu¬ 
tion  ;  and  it  is  made  the  duty  of  the  city  marshal  to  see  that  the  pro¬ 
visions  of  this  ordinance  are  strictly  enforced,  by  entering  complaint 
before  the  police  magistrate  of  said  city  of  Pekin,  upon  knowledge 
of  its  violation. 

LUMBER  AND  OTHER  MERCHANDISE. 

AN  ORDINANCE  licensing  the  sale  of  lumber  and  other  merchandise  in 
the  city  of  Pekin. 

Sec.  1.  Persons  not  permitted  to  sell  goods  without  license  ;  penalty  for 
so  doing. 

2.  How  license  obtained;  what  persons  must  procure  the  same. 

3.  Clerk  to  make  out  license ;  by  whom  signed. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  it  shall  not  be  lawful  for  any  person  to  enter  into 


REVISED  ORDINANCES. 


113 


the  business  of  selling,  within  the  limits  of  said  city,  any  goods, 
lumber,  or  merchandise  of  any  kind  whatever,  from  any  canal  or 
other  boat,  or  in  any  store  or  place  within  said  city,  without  first 
having  obtained  a  license  so  to  do,  as  hereinafter  provided.  Any 
person  violating  the  provisions  of  this  ordinance  shall  forfeit  and 
pay  a  sum  of  not  less  than  five  nor  more  than  fifty  dollars  for  each 
and  every  offense. 

§  2.  Any  person  desirous  of  entering  into  the  business  of  selling 
goods,  lumber  and  merchandise  of  any  kind  whatever,  within  the 
limits  of  said  city,  at  any  time  after  the  annual  assessment  shall  have 
been  made  out  on  personal  property,  shall  make  application  for  a 
license  so  to  do  to  the  city  council,  if  the  same  be  in  session  ;  if  not 
in  session  then  to  the  mayor;  and  a  license  may  be  granted  by  him 
on  condition  that  the  applicant  pay  into  the  city  treasury  a  sum  not 
less  than  three  nor  more  than  fifty  dollars ;  which  sum  shall  be  in 
lieu  of  city  taxes  on  personal  property  from  the  time  said  license 
may  be  granted  until  the  next  annual  assessment  thereafter  shall  be 
made,  when  the  stock  or  capital  employed  by  the  person  obtaining 
said  license  shall  be  assessed  as  other  personal  property  now  is  or 
may  hereafter  be  assessed ;  provided,  that  the  owner  or  agent  of  any 
canal  or  other  boat  from  which  lumber  or  other  goods  may  be  sold, 
shall  also  apply  for  a  license,  and  shall  pay  into  the  treasury  a  sum 
not  less  than  three  nor  more  than  fifty  dollars  for  each  and  every 
load  or  part  of  a  load  so  sold ;  and  provided,  further,  said  license 
shall  not  extend  over  ten  days. 

§  3.  All  licenses  issued  under  this  ordinance  shall  be  made  out 
by  the  clerk  of  the  city  and  signed  by  the  mayor,  under  the  seal  of 
the  city  of  Pekin,  upon  the  applicant  filing  with  the  city  clerk  the 
treasurer’s  receipt  for  the  amount  required  to  be  paid  for  such 
license;  and  the  clerk  shall  charge  the  amount  to  the  city  treasury. 


114 


REVISED  ORDINANCES. 


KEEPERS  OF  BILLIARDS. 

AN  ORDINANCE  to  provide  for  licensing  and  regulating  keepers  of  billiard 
tables,  nine  or  ten-pin  alleys,  shuffle  boards,  bagatelle  tables. 

Sio.  1,  Prohibition  of  keeping  billiard  tables,  &c. 

2.  Rate  of  license  for  each  applicant. 

3.  Power  to  reject  or  grant  application. 

4.  Applicants  to  state  to  the  council  for  what  purpose  they  wish  it. 

6.  Licenses  signed  by  the  mayor  and  attested  by  the  clerk,  and  not 

transferable. 

6.  Bonds  to  be  given,  &c. 

7.  Keepers  of  billiard  tables  and  others  not  to  keep  open  after  ten 

o’clock. 

8.  Penalty  for  violation  of  ordinance. 

9.  Suits  brought  for  penalty  ;  before  whom. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  it  shall  not  be  lawful  for  any  person  or  persons 
within  the  city  of  Pekin  to  exercise  the  business,  trade  or  avocation 
of  a  keeper  of  a  billiard  table,  keeper  of  a  nine  or  ten-pin  alley, 
shuffle  board,  keeper  of  a  bagatelle  table,  within  the  meaning  and 
provisions  of  this  ordinance  as  hereinafter  mentioned,  without  first 
having  obtained  a  license  and  paid  the  tax  thereon  in  the  manner 
hereinafter  described. 

§  2.  That  before  any  license  shall  be  granted  for  any  of  the  pur¬ 
poses  and  objects  specified  in  the  preceding  section,  the  applicant  or 
applicants  for  the  same  shall  pay  annually  to  the  city  treasurer  the 
following  sums  per  annum,  together  with  the  clerk's  fees :  First,  for 
every  billiard  table,  the  sum  of  twenty -five  dollars ;  for  every  nine 
or  ten-pin  alley,  the  sum  of  twenty-five  dollars;  for  every  shuffle 
board  and  bagatelle  table,  the  sum  of  twenty-five  dollars. 

§  3.  Upon  all  applications  for  a  license  under  the  provisions  of 
this  ordinance,  the  city  council  may  grant  or  reject  the  same,  at 
their  discretion. 

§  4.  That  when  any  person  or  persons  shall  apply  for  a  license 
under  this  ordinance,  they  shall  state  in  writing  for  what  purpose 
they  desire  the  same ;  and  if  for  the  keeping  of  a  billiard  table, 
bagatelle  table,  shuffle  board,  or  nine  or  ten-pin  alley,  they  shall 
particularly  describe  the  house  or  building  to  be  used,  and  where 
situated,  and  shall  accompany  the  said  application  with  the  treas¬ 
urer's  receipt  for  the  amount  of  license  charged  therefor,  together 
with  the  clerk's  fees  for  issuing  such  license. 

§  5.  That  every  license  given  under  this  ordinance  shall  be  signed 
by  the  mayor  and  attested  by  the  clerk  of  the  city  council,  and  shall 


REVISED  ORDINANCES. 


115 


have  the  seal  of  the  city  attached  thereto,  and  it  shall  be  granted 
for  the  term  of  one  year,  and  shall  designate  the  street,  lane  or  alley 
wherein  such  licensed  person  or  persons  shall  exercise  his  or  their 
employment;  and  no  license  grauted  under  this  ordinance  shall 
^authorize  the  holder  thereof  to  exercise  the  said  employment  in  any 
other  place  than  designated  in  such  license ;  and  they  shall  not  be 
'■assignable  or  transferable  to  any  other  person. 

§  6.  Before  giving  a  license  under  this  ordinance  to  any  keeper 
of  a  billiard  table,  nine  or  ten-pin  alley,  shuffle  board  or  bagatelle 
‘table,  the  applicant  or  applicants  shall  execute  a  bond  in  the  penal 
■sum  of  two  hundred  dollars,  with  security,  conditioned  that  the 
person  to  whom  such  license  is  granted  shall  observe  all  laws  and 
ordinances  that  may  be  in  force  regulating  or  relative  to  their 
respective  business ;  which  bond  shall  be  approved  by  the  city 
council  and  filed  by  the  clerk  before  issuing  said  license. 

§  7.  If  any  keeper  or  keepers  of  a  billiard  table,  nine  or  ten-pin 
■alley,  shuffle  board  or  bagatelle  table,  shall  keep  open  his,  her  or 
their  room  or  place  of  business  at  a  later  hour  than  ten  o’clock  in 
the  evening,  or  permit  any  person  or  persons  to  frequent  the  same 
on  Sundays,  or  permit  any  minor  or  minors  under  the  age  of  eighteen 
years  to  frequent  the  same  on  any  day  or  night,  the  offender  or 
offenders  shall  forfeit  and  pay  to  the  city  of  Pekin,  for  each  and 
every  offense,  a  sum  not  less  than  ten  nor  more  than  fifty  dollars, 
together  with  costs  of  suit. 

§  8.  If  any  person  or  persons  shall  violate  the  first  section  of  this 
ordinance  by  exercising  the  business  or  avocation  therein  specified, 
without  first  being  duly  licensed  to  exercise  the  same,  he,  she  or 
they  shall  forfeit  and  pay,  for  each  and  every  offense,  the  sum  of  not 
less  than  ten  or  more  than  one  hundred  dollars,  together  with  the 
costs. 

§  9.  All  suits  for  the  violation  of  this  ordinance  may  be  brought 
and  prosecuted  before  the  police  magistrate  in  the  city  of  Pekin ; 
and  it  is  made  the  duty  of  the  city  marshal  to  see  that  the  provis¬ 
ions  hereof  are  strictly  observed  and  enforced. 


116 


REVISED  ORDINANCES. 


SPIRITUOUS  AND  MALT  LIQUORS. 

AN  ORDINANCE,  entitled  “An  ordinance  for  licensing  the  vending,  by 
retail,  of  spirituous  and  malt  liquors,” 

Sec.  1.  Licenses  may  be  granted;  on  what  conditions. 

2.  License  not  to  aut  horize  sale  of  liquors  in  more  than  one  place. 

3.  Penalty  for  selling  without  license. 

4.  Penalty  for  keeping  disorderly  house,  selling  liquors  on  the 

Sabbath,  &c. 

5.  Licenses  to  be  for  one  year,  and  not  assignable. 

6.  How  forfeitures  and  penalties  may  be  recovered. 

7.  Druggists  allowed  to  sell  liquor,  &c. 

8.  Ordinances  repealed,  &c. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  from  and  after  the  passage  of  this  ordinance,  the 
city  council  may  grant  licenses  to  any  person  or  persons  to  Tetail 
vinous,  spirituous  and  malt  liquors,  in  said  city,  by  less  quantities 
than  one  gallon,  on  the  following  conditions,  to  wit ;  The  applicant 
or  applicants  shall  set  forth  in  writing  the  building,  room  or  place 
intended  to  be  occupied  by  him  or  them,  and  pay  to  the  treasurer 
of  the  city  of  Pekin,  for  the  license  granted,  the  sum  of  one  hundred 
dollars,  and  shall  execute  a  bond  to  the  city  of  Pekin,  with  one  or 
more  securities,  to  be  approved  by  the  city  council,  conditioned  that 
the  applicant  or  applicants  will  keep  an  orderly  house;  that  he  or 
they  will  not  permit  any  unlawful  gaming  or  riotous  conduct  therein; 
that  he  or  they  will  not  keep  open,  or  permit  his  or  their  grocery  to 
be  kept  open,  or  sell  therein  any  spirituous,  vinous  or  malt  liquors, 
on  the  Sabbath  day,  or  after  eleven  o’clock  at  night;  and  that  he 
or  they  will  observe  all  laws  and  ordinances  now  in  force,  or  that 
may  hereafter  be  in  force,  regulating  the  sale  of  vinous,  spirituous 
or  malt  liquors. 

§  2.  Licenses  granted  to  keep  groceries  or  sell  beer,  shall  not 
authorize  the  person  or  persons  obtaining  the  license  to  vend  or  sell 
vinous,  spirituous  or  malt  liquors  in  more  than  one  place,  or  one 
house ;  and  every  license  shall  describe  the  house  and  place  intended 
to  be  occunied  ;  and  each  license  shall  also  contain  a  condition  that 
any  violation  of  this  ordinance,  by  the  person  or  persons  to  whom 
the  license  is  granted,  shall  cause  an  immediate  forfeiture  of  all 
rights  and  privileges  granted  by  said  license,  which  shall,  from  and 
after  a  conviction  of  the  party  or  parties  for  a  violation  of  this 
ordinance,  be  absolutely  void ;  and  all  parties  therein  named  shall 
thereafter  be  alike  liable  as  though  no  license  had  ever  been  granted. 


REVISED  ORDINANCES. 


117 


§  3.  Every  person  or  company  of  persons  not  having  a  legal 
license  to  keep  a  grocery,  or  sell  beer,  who  shall  barter,  sell,  or 
exchange,  or  otherwise  dispose  of,  for  his  gain  or  benefit,  any  vinous, 
spirituous,  mixed  or  malt  liquors,  in  less  quantity  than  one  gallon, 
within  said  city,  to  any  person  or  persons  whatever,  or  shall  permit 
the  same  to  be  done  on  his  or  their  premises,  or  elsewhere,  for  his 
or  their  gain  or  benefit,  shall  forfeit  and  pay  to  said  city  not  less 
than  ten  and  not  exceeding  twenty-five  dollars  for  each  offense, 
together  with  the  cost  of  suit. 

§  4.  From  and  after  the  passage  of  this  ordinance,  no  person  or 
persons  shall  keep  a  common,  ill-governed  and  disorderly  house,  or 
permit  unlawful  gaming  or  riotous  or  disorderly  conduct  therein ; 
or  keep  open  his  or  their  grocery  or  beer  house,  or  permit  the  same 
to  be  kept  open,  or  spirituous  or  malt  liquor  to  be  sold  therein,  or 
given  away,  on  the  Sabbath  day,  or  after  eleven  o’clock  in  the 
evening  of  any  day  in  the  Week;  or  shall  sell  or  give  any  vinous, 
spirituous  or  malt  liquors  (in  the  absence  of  their  parents  or  guar¬ 
dians)  to  any  person  or  persons  under  eighteen  years  of  age,  or 
permit  any  person  or  persons  under  eighteen  years  of  age  to  loiter 
about  or  frequent  his  or  their  grocery  or  beer  house ;  and  any 
person  or  persons  who  shall  violate  any  of  the  provisions  of  this 
ordinance,  shall  forfeit  and  pay  to  said  city  the  sum  of  not  less  than 
ten  or  more  than  twenty-five  dollars,  and  cost  of  suit. 

§  5.  All  licenses  granted  under  this  ordinance  shall  be  signed  by 
the  mayor,  countersigned  by  the  clerk,  and  have  the  seal  of  the  city 
affixed  thereto,  and  shall  be  for  the  term  of  one  year  only,  and  at  a 
specified  place,  and  not  to  be  assignable ;  and  in  all  cases  of  applica¬ 
tion  for  license  to  keep  grocery  or  sell  beer,  by  less  quantity  than 
one  gallon,  the  city  council  may  grant  or  reject  the  same  at  their 
discretion. 

§  6.  All  forfeitures  and  penalties  incurred  under  this  ordinance, 
may  be  prosecuted  for  and  recovered  by  action  of  debt  or  otherwise, 
before  the  police  magistrate  of  the  city  of  Pekin,  on  information 
under  oath,  as  in  other  cases ;  provided ,  the  officers  of  the  city  shall 
in  no  case  be  required  to  file  information  except  on  their  personal 
knowledge;  and  any  person  knowing  of,  or  having  good  reason  to 
believe  there  has  been  a  violation  of  ordinance  of  the  city  by  any 
person  whomsoever,  shall  give  immediate  information  thereof  to  the 
police  magistrate,  in  due  form. 


I  IB  REVISED  ordinances. 

§  7.  That  drifting  in  this  ordinance  shall  be  so  construed  as  to 
prevent  druggists  from  selling  spirituous  or  vinous  liquors,  in  good 
faith,  for  medical  purposes,  in  quantities  less  than  one  gallon. 

§  8.  All  ordinances  and  parts  of  ordinances,  coming  in  conflict 
with  this  ordinance,  shall  be  and  the  same  are  hereby  repealed ;  and 
from  and  after  the  passage  of  this  ordinance,  it  shall  not  be  unlawful 
to  keep,  store,  sell  or  give  away,  any  vinous,  spirituous  or  malt 
liquors,  in  greater  quantities  than  one  gallon,  for  any  purpose,  by 
any  person  or  at  any  place  in  the  city  of  Pekin,  belonging  to  or  in 
possession  of  the  person  so  keeping  or  trafficing  in  said  spirituous 
liquors.  And  provided,  further,  that  nothing  herein  ‘Contained  shall 
in  any  way  affect  any  action,  prosecution,  suit  or  proceeding  now 
pending,  by  virtue  of  any  ordinance,  in  said  city  against  any  person 
nr  persons  whatever, 

GROCERIES,  TIPPLING  HOUSES,  &C. 

AN  ORDINANCE  to  regulate  groceries,  tippling-houses,  dram-shops  and 
beer-houses  in  the  city  of  Pekin. 

Sec.  1.  Prohibition  against  selling  or  giving  away  liquor  on  certain 
days  ;  penalty  for  violation. 

2.  Marshal  required  to  enforce  this  ordinance ;  penalty  for  failure 
.to  do  his  duty. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  it  shall  not  be  lawful  for  any  grocery  keeper,  beer¬ 
house  keeper,  tippling  house  or  dram-shop  keeper,  within  the  city 
of  Pekin,  whether  lieensed  or  not,  nor  any  other  person  or  persons 
within  said  city,  who  shall  be  engaged  in  or  carry  on  the  business 
of  selling,  bartering  or  giving  away  any  spirituous,  vinous,  malt, 
fermented,  mixed  or  intoxicating  liquors,  to  keep  open,  or  suffer  or 
permit  to  be  kept  open,  within  said  city,  his,  her  or  their  grocery, 
beer-house,  dram-shop  or  tippling-house,  or  sell,  barter,  exchange  or 
give  away,  or  suffer  to  be  sold,  bartered,  exchanged  or  given  away, 
within  said  city,  any  spirituous,  vinous,  mixed,  fermented,  malt  or 
intoxicating  liquors,  in  any  quantity  whatever,  on  any  day  appointed 
by  the  laws  of  the  state  of  Illinois  for  general  election,  nor  on  the 
fourth  day  of  July  of  any  year.  And  any  person  or  persons  vio¬ 
lating  this  ordinance  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  to  be  recovered  before 


REVISED  ORDINANCE?. 


113* 


the  police  magistrate  of  said  city,  as  other  fines  for  violating  city 
ordinances  are  sued  for  and  recovered. 

§  2.  That  it  shall  be  the  duty  of  the  city  marshal  to  see  that  this 
ordinance  is  enforced,  and  to  close  up  any  and  all  groceries,  beer- 
shops,  tippling-houses  or  dram-shops  that  may  be  suffered  or  permitted 
to  remain  open  on  any  of  the  above-mentioned  days,  after  the  publi- 

A 

cation  of  this  ordinance,  and  to  arrest  all  and  any  person  or  persons 
who  shall  violate  or  attempt  to  violate  this  ordinance,  and  take  them 
before  the  poliee  magistrate  of  said  city,  to  be  dealt  with  according 
to  law.  And  if  the  city  marshal  shall  fail  to  perform  the  duty 
imposed  upon  him  by  this  ordinance,  he  shall  be  subject  to  a  fine 
of  not  less  than  ten  nor  mare  than  one  hundred  dollars. 


PUBLIC  WELLS. 

AN  ORDINANCE  in  relation  to  public  wells  in  the  city  of  Pekinv 

Sec.  1.  Certain  animals  not  to  be  watered  at  public  wells. 

2.  Watering  animals  at  such  wells-  declared  a  nuisance. 

3.  Penalty  for  violation  of  this  ordinance. 

4.  Duty  of  the  marshal. 

5.  Duty  of  police  magistrate. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  f 

Sec.  1.  That  no  person  or  persons  whatever,  shall  hereafter  be 
permitted  to  water  any  horse,  mare,  mule,  ass  of  head  of  neat  cattle, 
at  any  of  the  public  wells  within  the  limits  of  the  city  of  Pekin. 

§  2.  That  watering  any  horse,  mare,  mule,  ass  or  head  of  neat 
cattle,  by  any  person  or  persons  whatever,  at  any  of  the  public  wells 
within  the  limits  of  the  said  city,  shall  be  deemed,  and  the  same  is 
hereby  declared  to  be  a  public  nuisance. 

§  3.  That  any  person  or  persons  who  shall,  at  any  time,  water  any 
horse,  mare,  mule,  ass  or  head  of  neat  cattle,  at  any  of  the  public 
wells  within  the  limits  of  the  said  city  of  Pekin,  shall  be  deemed 
guilty  of  a  nuisance,  and,  upon  conviction  thereof,  shall  forfeit  and 
pay  any  sum  not  exceeding  ten  dollars  nor  less  than  one  dollar. 

§  4.  That  it  shall  be  the  duty  of  the  city  marshal  of  the  said  city 
of  Pekin,  to  give  information  to  the  police  magistrate  of  said  city  of 
all  breaches  of  this  ordinance  that  shall  be  committed  within  his 
own  personal  knowledge. 

§  5.  That  upon  complaint  or  information  made  before  the  police 


120 


REVISED  ORDINANCES. 


magistrate  of  said  city  by  the  marshal  of  said  city  as  aforesaid,  or 
upon  complaint  made  by  any  other  person  or  persons  to  the  said 
police  magistrate,  the  said  police  magistrate  shall  proceed  thereupon 
in  accordance  with  an  ordinance  of  the  said  city  of  Pekin,  entitled 
“  An  ordinance  providing  for  the  recovery  and  appropriation  of  fines 
and  forfeitures,  and  the  enforcement  of  penalties  in  the  city  of 
Pekin.” 


CITY  BONDS. 

AN  ORDINANCE  in  relation  to  issuing  city  bonds. 

Whereas,  On  the  20th  day  of  September,  1856,  a  resolution 
was  passed  by  the  city  council  of  the  city  of  Pekin,  authorizing  a 
vote  to  be  taken  by  the  qualified  voters  of  the  said  city  of  Pekin  for 
or  against  the  said  city  subscribing  tlje  sum  of  one  hundred  thousand 
dollars  to  the  capital  stock  of  the  Illinois  Biver  Railroad  Company, 
in  pursuance  and  by  authority  of  an  act  of  the  general  assembly  of 
the  state  of  Illinois,  entitled  “An  act  supplemental  to  an  act  to 
provide  for  a  general  system  of  railroad  incorporations,”  approved 
November  6th,  1849;  and  an  act  of  the  general  assembly  of  said 
state,  entitled  “An  act  to  facilitate  the  construction  of  said  road,” 
approved  March  1st,  1854;  and  which  said  resolution  in  the  words 
following,  to  wit : 

“ Resolved ,  That  there  be  an  election  held  by  the  qualified  voters 
of  the  city  of  Pekin,  on  the  23d  day  of  October  next,  for  the  pur¬ 
pose  of  deciding  for  or  against  said  city  subscribing  the  sum  of  one 
hundred  thousand  dollars  to  the  capital  stock  of  the  ‘Illinois  River 
Railroad  Company;’  and  that  the  clerk  of  the  city  be  required  to 
give  thirty  days’  notice  of  the  time  and  of  the  usual  places  of  hold¬ 
ing  elections  as  required  by  law. 

“ And  be  it  further  resolved ,  That  the  bonds  of  the  city,  to  the 
amount  of  one  hundred  thousand  dollars,  to  pay  said  subscription  to 
said  capital  stock,  redeemable  in  twenty  years  from  date,  bearing 
interest  at  the  rate  of  eight  per  cent,  per  annum,  payable  semi¬ 
annually  at  the  American  Exchange  bank,  in  the  city  of  New  York, 
in  amounts  not  exceeding  one  thousand  dollars  each,  be  issued 
therefor;  provided ,  that  the  majority  of  the  voters  shall  decide  in 
favor  of  the  subscription,  and  that  the  same  shall  be  substantially 
set  forth  in  such  notice  of  election  by  said  clerk.” 


&ETISED  ORDINANCES. 


121 


And  whereas,  also,  it  appears  by  the  returns  of  said  election  dnlj 
made  in  pursuance  of  the  laws  of  the  state  of  Illinois  and  the  ordi¬ 
nances  of  said  city,  that  such  majority  as  the  above  recited  acts 
required  had  voted  in  favor  of  the  said  city  of  Pekin  subscribing 
one  hundred  thousand  dollars  to  the  capital  stock  of  the  said 
■“Illinois  River  Railroad  Company  •”  and 

Whereas,  also,  by  a  resolution  of  the  said  city  council  of  the  said 
•city  of  Pekin,  passed  October  23d,  1856,  the  clerk  of  said  city  was 
authorized  to  subscribe  the  sum  of  one  hundred  thousand  dollars  to 
the  capital  stock  of  said  company,  on  behalf  and  in  the  name  of  said 
•city,  which  resolution  is  in  the  words  following,  to  wit  : 

“Whereas,  at  an  election  held  this  day,  in  the  city  of  Pekin,  by 
the  qualified  voters  of  said  city,  to  vote  for  or  against  the  city  of 
Pekin  subscribing  one  hundred  thousand  dollars  to  the  capital  stock 
of  the  ‘Illinois  River  Railroad  Company/  it  having  appeared  by 
the  returns  made  to  the  city  council  of  said  city,  that  the  number 
of  legal  votes  polled  at  the  said  election  exceeds  the  nmmber  polled 
at  the  last  general  election  in  said  city,  and  a  very  large  majority 
of  all  the  votes  polled  were  given  for  the  subscription  to  the  said 
capital  stock  of  said  railroad  company :  Now,  therefore,  be  it 

“ Resolved,  That  the  clerk  of  said  city  be  and  is  hereby  authorized, 
on  behalf  of  said  city,  to  subscribe,  in  the  name  and  in  behalf  of  the 
city  of  Pekin,  the  sum  of  one  hundred  thousand  dollars  to  the 
capital  stock  of  the  Illinois  River  Railroad  Company. ”  October  23, 
1856. 

And  which  subscription  was,  on  the  23d  day  of  October,  1856, 
duly  made  by  the  said  clerk,  in  pursuance  of  said  resolution. 

And  whereas,  the  said  Illinois  River  Railroad  Company  has  duly 
called  on  all  the  subscribers  to  said  capital  stock  for  five  per  cent, 
of  their  subscription,  and  required  the  payment  thereof  to  the  treas¬ 
urer  of  said  company,  and  has  also  duly  requested  said  city  to  issue 
her  bonds  for  said  capital  stock  subscribed  for  by  said  city  council 
of  the  city  of  Pekin  ; 

It  is  ordained ,  That  the  mayor  of  said  city  be  and  is  hereby 
authorized  and  directed  to  issue  to  the  said  Illinois  River  Railroad 
Company  the  bonds  of  the  said  city  to  the  amount  of  one  hundred 
thousand  dollars,  payable  twenty  years  after  date,  with  interest  at 
the  rate  of  eight  per  cent,  per  annum,  payable  semi-annually  at  the 
American  Exchange  bank  in  New  York  city,  under  the  provisions 


16 


REVISED  ORDINANCES. 


T9  9 

_L  AJ  J-l 

of  the  above  recited  acts,  and  deliver  the  same  to  the  said  railroad 
company,  and  receive  therefor  certificates  of  stock  of  said  company 
for  the  citv. 

COSTS. 

AN  ORDINANCE  regulating  costs  in  suits  brought  for  violating  ordinance* 
of  the  city  of  Pekin. 

Sec.  1.  May  be  given  against  complainant  or  prosecutor. 

2.  May  refuse  to  issue  process  until  fees  are  advanced. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  in  all  cases  where  suits  and  prosecutions  are  com¬ 
menced  before  the  police  magistrate  in  said  city  of  Pekin,  upon 
complaint  of  the  city  marshal,  or  of  any  other  person,  upon  the  trial 
of  which  it  shall  appear  to  such  court  or  jury,  (if  one  be  called,) 
that  the  prosecutor  acted  maliciously,  or  without  any  probable  cause,, 
judgment  shall  be  entered  by  such  court  against  such  complainant 
or  prosecutor  for  all  costs  incurred  in  the  said  trial,  and  execution 
shall  forthwith  be  issued  thereon  against  said  complainant  or  prose¬ 
cutor  as  in  other  cases. 

§  2.  Whenever  complaint  is  made  to  the  police  magistrate  by  any 
person,  for  an  alleged  breach  of  any  city  ordinance,  and  the  police 
magistrate  shall  have  reason  to  suspect  the  complainant  to  be  actu¬ 
ated  by  malice,  or  any  other  improper  motive,  he  may  refuse  to  issue 
any  process  until  said  complainant  shall  deposit  with  him  a  sufficient 
sum  of  money  to  pay  all  costs  that  may  accrue  thereon,  if  upon  trial 
of  said  complaint  it  shall  appear  that  the  complaint  was  made  of 
malice,  or  any  other  improper  motive. 


FINES,  FORFEITURES  AND  PENALTIES. 

AN  ORDINANCE  providing  for  the  recovery  and  appropriation  of  fines  and 
forfeitures,  and  the  enforcement  of  penalties  in  the  city  of  Pekin. 

Sec.  1.  Suits,  &c.,  how  commenced,  and  before  whom. 

2.  Complaints,  liow  and  by  whom  made;  duty  of  police  magistrate. 

3.  How  officer  shall  execute  process  ;  how  issued. 

4.  Who  may  be  witnesses. 

5.  Defendant  may  have  a  jury. 

6.  Fees  of  jurors  and  witnesses. 

7.  Cost  to  be  taxed, 

8.  Fees  of  police  magistrate  and  marshal. 

9.  Marshal  to  notify  city  attorney. 

10.  Fines,  forfeitures,  &c.,  to  whom  paid. 

.Be  it  ordained  by  the.  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  all  suits,  actions  or  prosecutions  brought  for  the 


REVISED  ORDINANCES. 


9*. 


recovery  of  any  fine,  forfeiture  or  penalty  for  a  breach  or  violation 
of  any  ordinance,  now  or  hereafter  to  bo  in  force  in  the  city  of 
Pekin,  shall  be  commenced  by  complaint  briefly  setting  forth  the 
breach  of  any  ordinance ;  and  such  complaint  shall  be  in  the  follow¬ 
ing  form,  as  near  as  may  be,  to  wit : 


} 


ss. 


STATE  OF  ILLINOIS, 

COUNTY  OF  TAZEWELL,  CITY  OF  TEKIN, 

I,  A.  B.,  city  marshal,  (or  other  city  officer,)  by  way  of  complaint  to  the 
police  magistrate  of  the  city  of  Pekin,  state  that  C.  D.  has  been  guilty  of  a 
breach  of  an  ordinance  of  said  city,  entitled  (here  insert  the  title  of  the 
ordinance)  by  (here  describe  the  particular  breach  of  ordinance)  in  the 

city  of  Pekin,  between  the - day  of - ,  a.  d.  18 - ,  and  the 

day  of - ,  a.  d.  18 - .  A.  B.,  City  Marshal. 


City  of  Pekin, 


a.  ».  18 


Which  said  form  shall  and  may  be  so  varied  as  to  apply  to  the 
nature  of  the  offense  or  breach,  or  time,  place,  number  of  persons 
joined  in  action  on  suit,  &c.,  as  the  occasion  and  the  right  and  justice 
of  the  case  may  require,  without  regard  to  the  particular  form  of 
-words;  and  no  objection  to  form  or  words  shall  be  allowed,  if  such 
written  complaint  shall  substantially  set  out  the  nature  of  the 
offense  charged,  so  as  to  give  notice  to  the  defendant  of  the  nature 
of  the  charge  which  he  is  called  upon  to  answer. 

§  2.  That  if  such  complaint  be  made  by  any  city  officer,  the  same 
shall  be  presented  to  the  police  magistrate  in  writing;  and  if  made 
by  any  other  person,  the  same  shall  be  verified  by  affidavit  in  the 
usual  way  of  making  complaint  on  oath  ;  and  the  said  police  magis¬ 
trate  shall  thereupon,  provided  the  offender  has  not  been  arrested, 
issue  his  warrant,  reciting  therein  the  title  of  the  ordinance  and  the 
breach  thereof,  as  set  forth  in  the  complaint  or  affidavit;  which 
warrant  shall  be  directed  to  the  city  marshal,  or  any  constable  of 
Tazewell  county,  for  the  apprehension  of  the  person  described 
therein,  returnable  forthwith;  and  the  said  police  magistrate,  upon 
the  appearance  of  the  offender,  shall  proceed  immediately  with  the 
examination,  and,  upon  conviction,  shall  issue  execution  against  the 
goods  and  chattels  of  the  defendant;  and  if  such  execution  shall  be 
returned,  no  property  found,  the  said  police  magistrate  shall  issue  a 
ca.  sa.  against  the  body  of  the  defendant,  and  the  marshal  or  other 
officer  shall  arrest  and  commit  him  to  the  city  prison  or  the  jail  of 
Tazewell  county,  there  to  remain  forty-eight  hours;  and  if  the  fine 
exceed  five  dollars,  then  to  remain  in  said  prison  or  jail  twenty-four 
hours  for  every  two  dollars  over  and  above  the  said  five  dollars,  and 
soon  in  proportion  to  the  amount  of  said  fine;  and  in  all  cases 


REVISED  ORDINANCES. 


1  94 

.X.  Ji 

where  any  person  shall  be  convicted  of  the  breach  of  any  ordinance 
of  said  city,  the  police  magistrate  shall  give  judgment  that  the 
offender  shall  pay  the  costs  of  prosecution  •  provided ,  that  after  the 
return  of  the  execution,  do  property  found,  and  before  the  issuing 
of  the  ca.  sa.,  the  police  magistrate  shall  have  power  to  issue  garnishee 
process,  and  collect  the  amount  of  said  judgment  in  the  same  manner 
that  justices  of  the  peace  are  authorised  to  do  by  the  law3  of  this 
state. 

§  3.  That  the  officer  who  shall  execute  any  writ  or  other  process 
issued  by  the  police  magistrate,  shall,  unless  otherwise  directed  by 
this  or  some  other  ordinance  of  said  city,  proceed  in  the  execution 
of  this  duty  in  the  same  manner  as  constables  are  required  to  pro¬ 
ceed  under  the  laws  of  this  state;  and  the  police  magistrate,  in 
issuing  process,  and  on  the  return  thereof,  shall,  unless  otherwise 
directed  by  this  or  some  other  ordinance  of  said  city,  be  governed 
by  the  laws  of  this  state  appertaining  to  like  proceedings  before 
justices  of  the  peace. 

§  4.  That  in  all  prosecutions  in  behalf  of  said  city,  any  officer 
thereof  is  hereby  made  a  competent  witness,  notwithstanding  such 
officer  may  be  entitled  to  a  portion  of  the  fine,  forfeiture  or  penalty 
sued  for,  or  to  a  fee  for  the  same. 

§  5.  That  any  person  who  shall  be  accused  of  having  committed 
a  breach  of  any  ordinance,  now  or  hereafter  to  be  in  force  in  the 
city  of  Pekin,  may  have  the  cause  tried  by  a  jury  of  six  lawful  men, 
and,  if  he  shall  insist,  by  a  full  jury  of  twelve  men,  who  shall  be 
summoned  to  try  the  cause;  and  if  the  jury  find  the  accused  guilty, 
they  shall  assess  and  state  the  amount  of  the  fine,  upon  which  the 
police  magistrate  shall  give  judgment  for  fine  and  costs,  and  proceed 
to  collect  the  same  as  in  other  cases. 

§  6.  All  jurors  and  witnesses  shall  be  entitled  to  and  receive  the 
same  fees  as  are  now  provided  by  laws  of  this  state  in  suits  before 
justices  of  the  peace;  and  the  person  requiring  the  jury  shall 
advance  the  jury  fees  before  issuing  the  venire, 

§  7.  That  the  police  magistrate  shall  tax  as  part  of  the  costs  all 
fees  due  any  keeper  of  a  prison,  or  jailor,  under  and  by  virtue  of 
this  or  any  other  ordinance  of  said  city,  and  shall  also  tax  as  costs 
the  sum  of  one  dollar  and  fifty  cents  for  every  conviction  had  before 
him,  as  a  fee  for  the  city  attorney,  to  be  paid  to  said  city  attorney 
only  when  collected  from  the  party  convicted. 


REVISED  ORDINANCES. 


125 


§  8.  That  the  police  magistrate  and  marshal  shall  be  entitled  to 
the  same  fees,  in  all  cases  arising  under  the  ordinances  of  said  city, 
as  are  now  allowed  to  justices  of  the  peace  and  constables  in  criminal 
cases  by  the  laws  of  this  state ;  and  when  the  person  so  convicted 
is  unable  to  pay  the  said  fees,  the  same  shall  be  paid  out  of  the  city 
treasury,  unless  some  special  agreement  in  relation  to  costs  shall  be 
made  by  the  city  council. 

§  9.  It  shall  be  the  duty  of  the  police  magistrate,  through  tho 
city  marshal,  to  inform  the  city  attorney  of  any  and  all  complaints' 
or  affidavits  made  before  him  for  the  violation  of  any  ordinance  of 
said  city. 

§  10.  All  fines,  forfeitures  and  penalties  imposed  by  virtue  of  any 
ordinance  of  said  city,  now  in  force  or  hereafter  to  be  in  force,  for  a 
breach  of  the  same,  shall,  when  collected,  be  immediately  paid  over 
by  the  police  magistrate,  marshal,  or  other  person  who  shall  collect 
the  same,  to  the  city  treasurer,  for  the  use  of  said  city,  and  shall 
form  part  of  the  revenue  thereof. 


FINES,  FORFEITURES  AND  PENALTIES. 

AN  ORDINANCE  to  amend  an  ordinance,  entitled  “An  ordinance  providing 
for  the  recovery  and  appropriation  of  tines  and  forfeitures,  and  the 
enforcement  of  penalties  in  the  city  of  Pekin.” 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  every  person  against  whom  a  judgment  may  here¬ 
after  be  recovered  in  favor  of  said  city,  as  a  penalty  or  fine  imposed 
for  a  breach  of  any  ordinance  of  said  city,  who  shall  fail  or  neglect 
to  pay  the  same  immediately,  with  all  costs  arising  thereon,  and 
who  shall  have  no  property  known  to  the  city  marshal  from  which 
the  money  can  be  made,  instead  of  being  committed  to  the  jail,  may 
be  required  by  the  police  magistrate  to  labor  on  the  streets  of  said 
city  under  the  direction  of  the  city  marshal,  at  the  rate  of  one  dollar 
per  day,  until  the  whole  amount  of  the  judgment,  fine  or  penalty, 
and  all  costs  arising  thereon,  are  paid ;  and  every  person  who  shall 
refuse  or  neglect  to  work,  as  above  required,  until  his  fine  and  costs 
are  paid,  shall  be  returned  to  the  eounty  jail  and  placed  in  a  solitary 
cell,  and  fed  on  bread  and  water  until  he  shall  consent  to  work  on 
said  streets,  or  until  his  debt  is  extinguished  by  confinement,  at 
fifty  cents  per  day;  and  all  those  who  attempt  to  escape  from  the 
marshal  shall  be  securely  fastened  by  a  sufficient  ball  and  chain,  and 


126 


REVISED  ORDINANCES. 


compelled  bj  the  city  marshal  to  labor  on  said  streets  until  his  fine, 
judgment  or  penalty  as  aforesaid  shall  be  fully  paid;  and  any  person 
against  whom  any  judgment,  fine  or  penalty  shall  be  recovered  by 
said  city,  as  above  mentioned,  and  who  shall  be  compelled  to  work 
upon  the  streets  to  pay  the  same,  shall,  while  so  working  on  the 
streets,  every  night  be  placed  by  the  city  marshal  in  the  jail  of  Taze¬ 
well  county,  there  to  be  kept  until  the  following  morning;  and  in  like 
manner  shall  be  placed  in  jail  every  night,  until  he  shall  have 
worked  a  sufficient  time  to  fully  pay  whatever  judgment,  fine  or 
penalty,  and  all  costs,  which  may  have  been  recovered  against  him 
as  aforesaid,  unless  good  security  for  his  appearance  on  each  morning 
is  given.  And  when  the  same  shall  be  worked  out  upon  the  streets, 
as  aforesaid,  the  said  defendant  shall  be  discharged  by  the  city 
marshal,  who  shall  return  the  same  as  satisfied  by  labor  on  the 
streets,  and  the  city  shall  pay  the  officers  their  fees. 


MISDEMEANORS,  NUISANCES  AND  POLICE. 


AN  ORDINANCE  in  relation  to  certain  misdemeanors,  nuisances  and  police 
in  the  city  of  Pekin. 


Sec.  1. 

O 

su* 

3. 

4. 

5. 

6. 
ry 

i. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 
21. 
22. 

23. 

24. 

25. 

26. 
27. 


Various  offenses,  and  penalty. 

Penalty  for  permitting  same  in  house. 

Urging  dogs  to  fight ;  penalty. 

Working  on  Sunday  ;  penalty. 

Drunkenness,  penalty  for. 

Disturbing  religious  worship. 

Disturbing  lawful  assemblages;  penalty. 

Bathing  in  city,  penalty  for. 

Bawdy  houses,  who  deemed  keeper  ;  penalty. 

Lewd  behavior;  lewd  pictures,  and  penalty. 

Gaming,  &c.,  punishment  for. 

Discharging  fire-arms  prohibited. 

Fire  on  streets  prohibited. 

Hitching  horses  to  shade  trees,  penalty  for. 

Penalty  for  leaving  horses,  &c.,  standing  on  side-walks. 

Horses  must  be  tied ;  must  have  a  driver;  penalty. 

Driving,  &c.,  violently  through  the  city;  penalty. 

Teams  not  to  obstruct  streets  or  crossings;  penalty. 

Horses,  indecent  exhibition  of;  penalty. 

Lumber,  coal,  &c. ,  not  to  be  placed  on  streets;  penalty;  exception. 
Building  houses  on  streets;  penalty. 

Vaults,  cellar  doors,  &c.;  penalty  for  leaving  same  open. 

Minors,  how  punished. 

Resisting  marshal,  penalty  for. 

Breach  of  the  peaco;  duty  of  marshal. 

Marshal  may  arrest ;  penalty  for  refusing  to  aid  marshal. 

When  arrested  after  certain  hours,  how  disposed  of. 


Be  it  ordained  by  the  city  council  of  the  city  of  Pekin  : 

Sec.  1.  That  if  any  person  or  persons  shall,  within  the  city  of 


REVISED  ORDINANCES. 


121 


Pekin,  maliciously  or  wilfully  disturb  the  peace  or  quiet  of  any 
street,  avenue,  lane,  alley  or  neighborhood,  or  any  family  or  person, 
by  loud  and  unusual  noises,  by  blowing  horns,  trumpets,  or  other 
instruments  or  engines;  by  the  beating  of  drums,  tamborines,  ket¬ 
tles,  pans,  or  other  sounding  vessels,  or  by  loud  and  boisterous 
laughing,  singing,  bellowing,  howling  and  screaming;  by  using  or 
uttering  obscene  language  or  conversation ;  by  making  false  alarms 
by  crying  fire,  or  any  other  device  or  means  whatever,  so  as  to  dis¬ 
turb  the  peace ;  or  shall  be  guilty  of  any  cruelty,  beating  or  abusing 
of  any  animal ;  or  tumultuous  or  offensive  carriage,  by  swearing,, 
threatening,  quarreling,  scolding,  hallooing,  cursing,  challenging,, 
assaulting,  striking  or  fighting,  under  any  pretense  whatever,  every 
such  offender  shall  be  deemed  guilty  of  a  breach  of  this  ordinance, 
and,  upon  conviction  thereof,  shall  forfeit  and  pay  any  sum  not 
exceeding  one  hundred  dollars,  nor  less  than  five. 

§  2.  Any  person  or  persons  permitting  any  disturbances  as 
described  in  the  foregoing  section,  upon  any  premises  owned,  occu¬ 
pied  or  possessed  by  him  or  her,  shall,  upon  conviction  thereof, 
forfeit  and  pay  the  sum  of  ten  dollars  for  the  first  offense,  and  fifty 
dollars  for  each  subsequent  offense. 

§  3.  If  any  person  or  persons  shall  be  present  at  any  dog  fight,, 
when  the  animals  meet  accidentally,  and  shall,  by  any  gesture  or 
words  of  encouragement,  urge  the  dogs  to  fight,  or  if  any  person  or 
persons  shall,  by  agreement,  set  their  dogs  to  fighting,  he  or  they 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  the  conviction 
thereof,  shall  forfeit  and  pay  a  sum  of  not  less  than  five  nor  more 
than  fifty  dollars  for  each  and  every  offense ;  and  it  is  hereby  made 
the  duty  of  the  city  marshal  to  suppress  all  dog  fights,  and  arrest 
and  carry  before  the  police  magistrate  all  persons  engaged  in  urging 
the  said  dogs  to  fight,  or  in  any  manner  encouraging  them  to  fight, 
within  the  meaning  and  provisions  of  this  section. 

§  4.  Whoever  shall  be  guilty  of  any  noise,  work  or  amusement 
within  the  limits  of  said  city  on  the  first  day  of  the  week,  commonly 
called  Sunday,  whereby  the  peace  of  any  private  family  may  be 
disturbed,  such  person  so  offending  shall  be  deemed  guilty  of  a  mis¬ 
demeanor  and  a  breach  of  this  ordinance,  and,  upon  conviction 
thereof,  shall  be  fined  in  any  sum  not  exceeding  twenty-five  dollars 
nor  less  than  one  dollar. 

§  5.  Every  person  who  shall  be  found  drunk  or  intoxicated  in 


REVISED  ORDINANCES. 


any  street,  alley  or  publio  place  in  the  city  of  Pekin,  or  in  any 
private  place  or  house,  without  the  assent  of  the  occupant,  or  found 
asleep  in  any  such  place,  shall,  on  conviction  thereof,  be  fined  for 
each  and  every  offense  a  sum  of  not  less  than  three  nor  more  than 
twenty  dollars;  and  whenever  any -such  person  or  persons  shall 
be  arrested  by  any  of  the  city  officers  whilst  intoxicated,  the  said 
officer  shall  commit  the  offender  to  jail,  or  some  place  of  confinement 
in  the  city,  there  to  remain  until  he  or  she  shall  become  sober,  when 
it  shall  be  the  duty  of  such  officer  to  carry  such  offender  before  the 
police  magistrate  in  said  city,  to  be  dealt  with  according  to  law  and 
the  ordinances  of  said  city. 

§  6.  Whoever  shall,  within  the  limits  of  said  city,  disquiet  or 
■disturb  any  congregation  or  assembly  met  for  religious  worship,  by 
making  a  noise,  or  by  any  rude,  indecent  or  ungentlemanly  behavior, 
or  profane  discourse,  within  their  place  of  worship,  or  so  near  the 
same  as  to  disturb  the  order  or  solemnity  of  the  meeting,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars,  nor  less 
than  ten. 

§  7.  Whoever  shall,  in  said  city,  disturb  or  disquiet  any  lawful 
assemblage  or  association  of  people,  by  rude  and  indecent  behavior 
or  otherwise,  shall  be  deemed  guilty  of  a  misdemeanor,  and  fined  in 
a  sum  not  exceeding  one  hundred  dollars  nor  less  than  ten  dollars. 

§  8.  If  any  person,  for  the  purpose  of  bathing  or  otherwise,  shall, 
in  the  day  time  or  during  twilight,  by  divesting  .himself  of  his 
apparel  or  otherwise,  expose  his  naked  person  within  the  limits  of 
the  city  of  Pekin,  he  shall,  upon  conviction  thereof,  pay  a  sum  of 
not  less  than  three  nor  more  than  twenty  dollars. 

§  9.  Every  person  who  shall  keep,  within  the  city  of  Pekin,  a 
bawdy  house,  or  house  of  ill  fame,  or  a  house  of  assignation,  or  any 
other  building  or  place  where  indecent  or  lewd  practices  are  done  or 
permitted,  he,  she  or  they  so  offending  shall  pay  a  sum  of  not  more 
than  one  hundred  nor  less  than  twenty  dollars ;  and  every  person 
who  is  harbored  or  stays  in  such  a  house  or  place  shall  be  presumed 
to  be  keeper  of  the  same,  and  liable  to  a  prosecution  and  the  penalty 
in  this  section  contained. 

§  10.  Whoever  shall,  in  said  city,  appear  in  any  public  place  in  a 
state  of  nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in 
any  indecent  and  lewd  dress,  or  shall  make  an  indecent  exposure  of 


REVISED  ORDINANCES. 


his  or  her  person,  or  be  guilty  of  auy  indecent  or  lewd  acts  or 
behavior,  or  shall  exhibit,  sell  or  offer  to  sell  or  dispose  of,  in  auy 
manner,  any  indecent  or  lewd  book  or  picture,  or  other  thing,  or 
shall  exhibit  or  perform  any  indecent,  immoral  or  lewd  play  or  other 
representation,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall,  for  each  and  every  offense,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  nor  less  than  ten  dollars. 

§  11.  Whoever  shall,  in  said  city,  set  up  and  keep  any  gaming 
house,  table,  room,  alley,  or  place  whatsoever,  or  any  gambling 
device,  either  by  himself,  servant,  or  other  agent,  at  which  any 
game  of  chance  shall  be  played  for  money  or  property,  or  for  any¬ 
thing  representing  money  or  property,  or  shall  suffer  any  such 
house,  table,  room,  alley,  place  or  gambling  device,  at  which  any 
game  of  chance  is  played,  to  be  set  up  or  used  in  or  about  any  tene¬ 
ment  in  his  possession  or  under  his  control,  for  the  purpose  of  gain 
or  profit,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con¬ 
viction  thereof,  shall  be  fined  in  the  sum  of  fifty  dollars  for  each  and 
every  offense,  and  for  each  and  every  game  of  chance  played  in  or 
upon  any  such  house,  table,  room,  alley  or  place,  or  gambling  device; 
and  if  a  grocery  keeper,  shall  forfeit  his  license,  and  shall  not  be 
again  licensed  as  a  grocery  keeper  for  one  year  from  such  conviction. 

§  12.  No  person  or  persons  shall,  within  the  limits  of  the  city  or 
Pekin,  fire  or  discharge  any  cannon,  musket,  rifle,  fowling  piece  or 
other  fire-arm,  or  air-gun,  except  it  is  done  in  cases  of  necessity,  or 
in  performance  of  a  public  act  or  lawful  duty,  or  discharge  or  set  off 
any  crackers,  rocket,  torpedo,  squib  or  other  fire-works,  within  the 
limits  of  said  city,  without  permission  first  obtained  from  the  mayor; 
every  person  so  offending  shall,  on  conviction  thereof,  forfeit  and 
pay  any  sum  not  exceeding  twenty  dollars  nor  less  than  three  dollars. 

§  13.  No  person  shall,  in  any  of  the  streets,  lanes,  avenues  or 
alleys  of  the  said  city,  or  upon  the  public  square  therein,  make  or 
kindle  any  fires  without  first  having  obtained  permission  as  provided 
in  the  preceding  section ;  and  every  person  so  offending  shall,  on 
conviction  thereof,  forfeit  and  pay  not  exceeding  ten  dollars  nor  less 
than  one  dollar  for  each  offense. 

§  14.  Any  person  who  shall  hitch,  fasten  or  tie  any  horse,  mule, 
ass  or  cattle  to  any  shade  tree  growing  on  any  of  the  side-walks  of 
the  city  of  Pekin,  or  to  any  boxing  placed  around  said  tree,  or  shall 
in  any  manner  deface  the  fence  around  the  public  squares  in  said 

17 


130 


REVISED  ORDINANCES. 


city,  or  shall  break  or  destroy  any  property  belonging  to  said  city, 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  twenty 
dollars,  nor  less  than  five  dollars. 

§  15.  Any  person  who  shall  place,  fasten  or  leave  standing,  any 
horse,  mare,  gelding,  ox,  mule  or  ass,  on  any  paved  or  improved 
side-walk  within  the  city  of  Pekin,  shall,  on  conviction  thereof,  be 
fined  one  dollar  for  each  and  every  offense. 

§  16.  No  person  shall  leave  standing,  unfastened,  in  the  city  of 
Pekin,  any  horse,  mare,  gelding,  ox,  mule  or  ass,  or  any  team  of 
either,  in  harness  or  attached  to  any  wagon,  sled,  carriage,  dray, 
cart,  or  other  vehicle,  so  that  the  same  may  be  liable  to  run  away ; 
nor  shall  any  person  cause,  suffer  or  allow  any  of  the  same  to  pass 
through  any  street  or  alley  within  the  limits  of  the  city  without  a 
suitable  driver;  every  person  so  offending  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  more  than  ten  dollars  and  not  less 
than  three  dollars  for  each  and  every  such  offense. 

§  17.  Any  person  who  shall  ride  or  drive  any  horse,  mare,  mule 
or  gelding,  or  any  other  beast  of  burthen,  violently  through  or  along 
any  street,  lane  or  alley  in  the  city  of  Pekin,  so  as  to  endanger  the 
safety  of  any  person,  or  suffer  any  horse,  mare,  mule  or  gelding,  or 
any  beast  of  burthen,  to  travel  or  run  at  a  gait  faster  than  an  ordi¬ 
nary  or  moderate  trot  or  pace,  in,  upon  or  over  any  street,  lane  or 
alley  in  said  city,  shall,  upon  conviction  thereof,  forfeit  and  pay  the 
sum  of  five  dollars  for  each  offense. 

§  18.  That  no  driver  of  any  team  shall  stop  the  same  in  any 
street,  lane  or  alley  in  such  a  manner  as  to  prevent  other  teams 
from  passing  at  all  times,  unless  in  case  of  absolute  necessity;  or  to 
stop  their  teams  at  the  regular  crossings  of  said  streets  so  as  to  pre¬ 
vent  free  passage  for  foot  passengers;  and  all  persons  who  shall 
violate  this  section,  shall,  on  conviction  thereof,  be  fined  in  any  sum 
not  more  than  twenty-five  nor  less  than  one  dollar. 

§  19.  If  any  person  or  persons  shall  be  guilty  of  an  indecent 
exhibition  of  any  horse  or  horses  in  the  city  of  Pekin,  every  person 
or  persons  so  offending  shall,  on  conviction  thereof,  be  fined  in  any 
sum  not  more  than  twenty-five  nor  less  than  ten  dollars  for  each  and 
every  offense. 

§  20.  No  person  or  persons  shall  place  or  cause  to  be  placed,  or, 
having  placed,  shall  suffer  to  remain  in  or  upon  any  of  the  streets, 
alleys,  side-walks,  public  landings  or  public  grounds,  within  the 


REVISED  ORDINANCES. 


131 


limits  of  the  city  of  Pekin,  any  lumber,  wood,  coal,  ashes,  lime, 
earth  or  manure,  filth,  rubbish,  or  any  other  article  or  commodity 
which  may  in  any  wise  occupy,  obstruct  or  encumber  any  of  the  said 
streets,  alleys,  side-walks,  landings  or  public  grounds,  or  any  part 
thereof;  nor  shall  any  person  or  persons,  by  digging,  plowing  or 
otherwise,  make  or  cause  to  be  made  any  hole,  pit,  ditch  or  other 
excavation,  in  any  of  the  said  streets,  side-walks,  lanes  or  public 
grounds,  without  permission  from  the  committee  on  streets  and 
alleys;  and  any  person  or  persons  so  offending  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  more  than  one  hundred  dollars  nor 
less  than  one  dollar;  provided,  that  when  any  person  or  persons  shall 
be  about  to  build  or  repair  auy  house  or  other  building  or  improve¬ 
ment  in  the  city  of  Pekin,  and  shall  not  have  ground  sufficient  or 
convenient  whereon  to  place  the  necessary  materials  for  such  build¬ 
ing  or  improvement,  such  materials  may  be  put  on  the  nearest  part 
of  the  street  or  alley  in  such  manner  as  to  occupy  the  least  room,  so 
as  not  to  encumber,  obstruct  or  occupy,  at  any  time,  more  than  one- 
half  of  any  of  said  street  or  alley  in  front  of  any  such  house,  building 
or  improvement;  provided,  further,  that  all  such  materials,  and  every 
part  thereof,  shall  be  removed  as  soon  as  the  same  shall  cease  to  be 
needed  or  used  in  the  construction  of  such  building  or  improvement, 
or  may  be  removed  at  any  time  when,  in  the  opinion  of  the  commit¬ 
tee  on  streets  and  alleys,  it  is  thought  necessary,  or  when  the  same 
have  remained  there  a  reasonable  time;  and  any  person  refusing  to 
move  the  same  when  duly  notified  by  the  city  marshal,  shall,  on 
conviction,  forfeit  and  pay  the  penalty  contained  in  this  section. 

§  21.  That  if  any  person  shall  erect,  build,  place  or  construct,  or 
cause  or  procure  to  be  erected,  built,  placed  or  constructed,  or  suf¬ 
fered  to  remain  if  already  built  or  constructed,  after  the  publishing 
of  this  ordinance,  upon  any  street,  lane,  avenue,  alley,  public  land¬ 
ing,  public  ground  or  side-walk  within  said  city,  any  house,  cellar, 
stable,  shed,  pen,  fence,  wall,  foundation,  or  any  other  structure 
whatever,  except  in  the  manner  provided  by  the  ordinance  of  said 
city,  the  same  shall  be  deemed  and  defined  and  is  hereby  declared  a 
nuisance;  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section,  shall,  upon  conviction,  forfeit  and  pay  any  sum  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars,  and  the 
further  sum  of  twenty  dollars  for  every  twenty-four  hours  he  shall 
permit  or  suffer  any  such  nuisance  to  remain  upon  any  such  street, 


132 


REVISED  ORDINANCES. 


lane,  avenue,  alley,  public  landing,  public  ground  or  side-walk,  after 
bis  said  first  conviction  )  provided ,  that  the  provisions  of  this  section 
shall  not  extend  to  canvass  awnings  placed  in  front  of  stores  or 
houses,  provided  said  awnings  are  not  less  than  eight  feet  from  the 
side-walk  at  their  lowest  point. 

§  22.  Any  person  who  shall,  after  sun-set,  leave  open,  uncovered 
or  unguarded,  any  cellar  door,  pit,  vault,  or  other  subterraneous 
opening  leading  from,  into  or  upon  any  street,  alley  or  side-walk  in 
the  city  of  Pekin,  shall  be  fined  in  the  sum  of  not  more  than  fifty 
nor  less  than  five  dollars  for  each  offense. 

§  23.  If  any  minor  shall  offend  against  this,  or  any  other  ordi¬ 
nance  of  the  eity  of  Pekin,  and  judgment  be  against  him,  execution 
shall  issue  against  the  goods  and  chattels,  and  also  against  the  body 
of  such  minor. 

§  24.  If  any  person  shall  knowingly  and  wilfully  obstruct,  resist, 
oppose,  interrupt  or  interfere  with  the  city  marshal  or  other  officer 
of  the  city  of  Pekin,  in  serving  or  in  attempting  to  serve  any  lawful 
proeess  issued  by  virtue  of  this  or  any  other  ordinance  of  said  city, 
or  order  of  the  eity  council,  or  any  other  legal  process  whatever,  or 
shall  assault  or  beat  any  officer  of  said  city,  or  person  duly  authorized 
in  serving  or  executing,  or  attempting  to  serve  or  execute  the  same, 
or  who  shall  obstruct,  oppose,  interrupt  or  interfere  with  the  city 
marshal,  or  any  person  called  upon  to  assist  such  officers  in  the  law¬ 
ful  discharge  of  any  duty  required,  by  virtue  of  this  or  any  ordinance 
of  said  city ;  every  person  so  offending,  on  conviction  thereof,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  dollars  nor  less  than 
ten  dollars. 

§  25.  In  all  cases  of  any  disturbance  or  breach  of  the  peace,  it 
shall  be  the  duty  of  the  city  marshal,  upon  view  thereof,  forthwith 
to  apprehend  the  offender  or  offenders,  and  bring  him  or  them  before 
the  police  magistrate,  who  shall  proceed  forthwith  in  the  trial  of  the 
same. 

§  26.  In  all  cases  under  this  or  any  other  ordinance  of  the  city 
of  Pekin,  the  marshal  or  mayor  is  authorized  and  may  arrest  any 
person  or  persons  for  actual  or  alleged  breach  of  the  peace,  and  he 
may,  and  shall  if  necessary,  call  to  his  aid  and  assistance  any  person 
or  persons  above  the  age  of  twenty-one  years ;  and  any  such  person 
or  persons  who  shall  refuse  to  give  assistance  when  so  called  upon, 


REVISED  ORDINANCES. 


133 


shall,  on  conviction  thereof,  forfeit  and  pay  a  fine  of  not  exceeding 
fifty  nor  less  than  ten  dollars. 

§  27.  When^any  person  or  persons  shall  be  arrested  by  the  city 
marshal,  or  any  other  officer,  for  the  breach  of  this  or  any  ordinance 
of  the  city  of  Pekin,  after  the  hour  of  eight  o'clock  in  the  afternoon 
in  the  spring,  summer  and  fall  season,  and  after  the  hour  of  six 
o’clock  in  the  winter  season  of  the  year,  the  said  officer  shall  commit 
the  offender  to  the  city  prison  or  the  county  jail  of  Tazewell  county, 
in  said  city;  and  the  keeper  of  said  city  prison  or  the  jailer  of  said 
county  jail  is  hereby  authorized  and  required  to  receive  such  offender 
or  offenders,  there  to  remain  until  the  hour  of  nine  o’clock  the  suc¬ 
ceeding  day,  when  it  shall  be  the  duty  of  the  said  officer  to  carry 
such  offender  before  the  police  magistrate  of  said  city,  to  be  dealt 
with  according  to  law  and  the  ordinances  of  said  city;  provided ,  that 
if  said  offender  shall  be  arrested  after  the  above  hours  on  Saturday 
night,  or  at  any  time  on  Sunday,  he  shall  remain  in  custody  of  said 
officer  or  officers  until  the  hour  of  nine  o’clock  on  Monday  morning, 
when  he  shall  be  taken  before  the  police  magistrate  and  dealt  with 
as  is  provided  by  ordinance. 


MISDEMEANORS,  NUISANCES  AND  POLICE. 

AN  ORDINANCE  to  amend  an  ordinance,  entitled  “An  ordinance  in  relation* 
to  certain  misdemeanors,  nuisances  and  police  in  the  city  of  Pekin.” 

Sec,  1.  Loiterers  at  night  to  be  arrested. 

2.  When  deemed  guilty  of  misdemeanor. 

3.  Vagrants,  punishment  of. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  from  and  after  the  passage  of  this  ordinance,  it  shall 
be  the  duty  of  the  city  marshal  and  his  assistants,  and  they,  or  any 
one  of  them,  are  hereby  authorized  to  arrest  any  person  or  persons 
who  shall  be  found  loitering  about  the  streets  or  alleys  of  said  city 
after  eleven  o’clock  at  night,  and  cannot  give  any  satisfactory 
account  of  him  or  herself,  and  convey  the  said  persons  to  the  jail, 
to  remain  until  morning,  then  to  be  taken  before  the  police  magis¬ 
trate,  to  be  dealt  with  as  this  ordinance  provides. 

§  2.  That  any  person  or  persons  who  shall  be  found  loitering 
about  the  streets  or  alleys  of  said  city  after  eleven  o’clock,  and  is 
not  upon  any  lawful  and  legitimate  business,  and  who  cannot  glye 


134 


REVISED  ORDINANCES. 


any  satisfactory  account  of  him  or  herself,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any 
sum  not  less  than  two  dollars  and  not  more  than  ten  dollars. 

§  3.  That  any  person  or  persons  who,  under  the  laws  of  the  state 
of  Illinois,  would  be  deemed  a  vagrant,  and  who  should  be  found 
loitering  about  the  streets  or  alleys  of  the  city  of  Pekin,  either  in 
the  day  time  or  night,  shall  be  arrested  by  the  city  marshal,  who 
shall  bring  him  before  the  police  magistrate ;  and  upon  proof  that 
the  said  person  or  persons  is  or  are  a  vagrant  or  vagrants,  within  the 
meaning  of  the  laws  of  the  state  of  Illinois,  and  that  the  said  person 
or  persons  was  or  were  found  loitering  about  the  streets  of  said  city, 
and  without  having  any  visible  means  of  support,  said  person  or 
persons  shall  be  fined  not  less  than  five  dollars  nor  more  than  ten 
dollars. 


BAWDY  HOUSES,  &C. 

AN  ORDINANCE  to  restrain,  suppress  and  prohibit  bawdy  houses,  houses 
of  ill  fame  and  houses  of  assignation,  and  other  disorderly  houses  in 
the  city  of  Pekin. 

Skc.  1.  Bawdy  houses,  &c.,  prohibited;  penalty. 

2.  Inmates  guilty  of  misdemeanor  ;  penalty. 

8.  Persons  not  inmates  found  in  such  places;  penalty. 

4.  Persons  frequenting  such  places  ;  penalty. 

5.  Penalties,  how  sued  for  and  recovered. 

6.  When  complaints  are  made,  duty  of  police  magistrate. 

7.  Not  to  affect  liability  under  other  ordinances. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  it  shall  not  be  lawful  for  any  person  or  persons  to 
keep,  within  the  limits  of  the  city  of  Pekin,  or  within  the  limits 
over  which  the  jurisdiction  of  said  city  shall  extend,  any  bawdy 
house,  or  house  of  ill  fame,  or  house  of  assignation,  or  any  other 
building  or  place  where  indecent  or  lewd  practices  are  done  or  per¬ 
mitted;  and  each  and  every  person  so  offending  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  twenty  dollars  nor  more  than  one  hundred 
dollars,  and  costs  of  suit ;  and  each  and  every  person  who  stays  at 
or  is  harbored  in  any  such  house  or  place,  shall  be  presumed  to  be 
the  keeper  thereof,  and  liable  to  a  prosecution  and  the  penalty  in 
thip  section  contained. 


REVISED  ORDINANCES 


1  *7 

loi) 

§  2.  Each  and  every  person  who  shall  be  an  inmate  of,  or  stay  at 
or  be  harbored  at  any  such  house  or  place  as  is  in  the  first  section 
of  this  ordinance  mentioned,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars,  and 
costs  of  suit. 

§  3.  Each  and  every  person  not  an  inmate  of,  nor  staying  or  being 
harbored  at,  and  not  the  keeper  of  any  such  house  or  place  as  is  in 
the  first  section  of  this  ordinance  mentioned,  who  shall  be  found  at 
any  such  house  or  place  between  the  hours  of  six  o’clock,  p.  m.,  of 
of  any  day,  and  six  o’clock,  A.  M.,  of  the  succeeding  day,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 
be  fined  in  any  sum  not  less;  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  costs  of  suit. 

§  4.  Each  and  every  person  who  shall  frequent  any  such  house 
or  place  as  is  in  the  first  section  of  this  ordinance  mentioned,  whether 
in  the  day  time  or  in  the  night  time,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any 
.gam  not  less  than  twenty  dollars  nor  more  than  one  hundred  dollars, 
and  costs  of  suit. 

§  5.  All  penalties  for  the  breach  of  any  provision  of  this  ordi¬ 
nance  shall  be  sued  for  and  recovered  before  the  police  magistrate 
of  said  city  in  the  same  manner  as  is  now  by  ordinance  provided, 
except  as  hereinafter  stated. 

§  6.  Whenever  the  city  marshal,  or  any  police  officer  of  said  city, 
or  any  bona  fide  resident  of  said  city,  shall  complain  on  oath  before 
the  police  magistrate  of  said  city,  that  any  house  or  place  within  the 
limits  or  within  the  jurisdiction  of  said  city,  is  kept  as  a  bawdy 
house  or  house  of  ill  fame,  or  house  of  assignation,  or  place  where 
indecent  or  lewd  practices  are  done  or  permitted,  it  shall  be  the 
duty  of  the  police  magistrate  to  issue  a  warrant  directed  to  the  city 
marshal  or  any  assistant  marshal  of  said  city,  commanding  him  or 
them  to  arrest  forthwith,  and  cause  to  be  brought  before  such  police 
magistrate,  all  persons  found  in  such  house  or  place  at  the  time  of 
executing  the  writ;  and  when,  in  obedience  to  said  warrant,  the 
officer  shall  bring  such  person  or  persons  before  the  police  magis¬ 
trate,  it  shall  be  the  duty  of  said  magistrate  to  hear  such  legal 
evidence  as  shall  be  offered,  either  on  the  part  of  the  city  or  of  any 
or  all  of  the  prisoners,  and  he  may  for  this  purpose  continue  the 


136 


REVISED  ORDINANCES. 


cause  for  such  reasonable  time  as  may  to  him  seem  expedient;  and, 
upon  hearing  the  testimony,  shall  fine  each  and  every  of  the  prison¬ 
ers  according  as  the  testimony  shall  prove  him,  her  or  them  to  be 
keepers  of,  inmates  of,  frequenters  of,  or  persons  found  at  such  house 
or  place,  or  discharge  any  or  all  of  such  prisoners,  as  the  testimony 
shall  prove  their  guilt  or  innocence. 

§  7.  Nothing  in  this  ordinance  contained  shall  affect  or  release 
any  liability  to  any  penalty  for  any  breach  of  the  niuth  (9th)  section 
of  the  ordinance,  entitled  “  An  ordinance  in  relation  to  certain  mis¬ 
demeanors,  nuisances  and  police  in  the  city  of  Pekin, ”  nor  shall 
anything  in  this  ordinance  contained  be  affected  by  any  provision 
of  the  ordinance,  entitled  “An  ordinance  to  amend  the  several  ordi¬ 
nances  of  the  city  of  Pekin  in  relation  to  fines,”  passed  April  25th, 
A.  d.  1860. 


CITY  ORDINANCES  AMENDED. 

AN  ORDINANCE  to  amend  the  several  ordinances  of  the  city  of  Pekin  in 
relation  to  tines. 

Sec.  1.  Police  magistrate  to  impose  fines  from  one  dollar  to  one  hundred 
dollars. 

2.  Provisions  of  this  ordinance  not  to  apply  to  an  ordinance  therein 
named. 

Be  it  ordained  by  the  city  council  of  the  city  of  Pekin: 

Sec.  1.  That  from  and  after  the  publication  of  this  ordinance,  it 
shall  be  lawful  for  the  police  magistrate  of  the  city  of  Pekin,  upon 
conviction  before  him  of  any  person  or  persons  for  any  violation  of 
any  ordinance  of  the  city  of  Pekin,  to  fine  such  person  or  persons 
iu  any  sum  not  less  than  one  dollar  nor  more  than  one  hundred 
dollars. 

§  2.  That  upon  the  conviction  of  any  person  or  persons  for  the 
violation  of  any  ordinance  of  the  city  of  Pekin,  now  in  force  or 
hereafter  to  be  in  force  in  said  city,  before  any  court  having  juris¬ 
diction  thereof,  the  fine  for  all  such  violations  of  said  ordinances 
shall  be  not  less  than  one  dollar  nor  more  than  one  hundred  dollars; 
Provided ,  this  ordinance  shall  not  apply  to  an  ordinance,  entitled 
“An  ordinance  in  relation  to  the  erection  of  frame  buildings  and 
lumber  yards  on  certain  blocks  in  the  city  of  Pekin/’  nor  to  any 
ordinance  amendatory  thereof. 


KEV 1 SED  OhDLNAh’CES. 


i  <> 
•  -> 


<  i 


A ME.\»ATOR\r  OKDINA.XCi*! 


Ah  OKD1N ANCE  io  amend  an  ordinance  entitled  “An  ordinance  tit  amani 
the  several  ordinances  of  the  city  of  Pekin  in  relation  to  tines.” 

Sec.  1.  The  above  named  ordinance  not  to  apply  to  any  future  ordinance 
the  rniuiuiutu  fine  of  which  shall  exceed  one  dollar. 

2.  Not  to  apply  to  certain  ordinances  herein  mentioned. 

lie  it  ordained  by  ike  city  council  of  the  city  of  Pekin : 

Sec.  1.  That  the  provisions  of  the  ordinance  entitled  “An  ordi¬ 
nance  to  amend  the  several  ordinances  of  the  city  of  Pekin  in  rela¬ 
tion  to  fines/'  shall  not  apply  to  any  ordinance  hereafter  passed  in 
which  the  minimum  fine,  penalty  or  forfeiture  imposed  thereby  for 
the  breach  of  any  provision  thereof,  shall  exceed  the  sum  of  one* 
dollar. 

§  2.  That  the  provisions  of  the  said  ordinance  of  which  this  is 
amendatory,  shall  not  apply  to  the  following  entitled  ordinances,  to 
wit :  “An  ordinance  to  restrain,  suppress  and  prohibit  bawdy  houses, 
houses  of  ill  fame  and  houses  of  assignation,  and  other  disorderly 
houses  in  the  city  of  Pekin  /'  “An  ordinance  for  licensing  the  vend¬ 
ing,  by  retail,  of  spirituous  and  malt  liquors/'  “An  ordinance  to 
regulate  groceries,  tippling  houses,  dram  shops  and  beer  houses  in 
the  city  of  Pekin/'  and  “An  ordinance  in  relation  to  the  erection 
of  wooden  or  frame  buildings,  and  also  in  relation  to  lumber  yards  on 
eertaiu  blocks  in  the  citv  of  Pekin.” 


IS 


A LDERMEN : 


A.. 


P  A6T. 


City  council  to  consist  of,  . 

Number  of,  from  each  ward,  and  liow  elected, 
Qualification  of, 

Removal  from  ward  or  ceasing  to  be  freeholder,  effect, 
Classification  of  aldermen* 

Council  to  determine  qualification  of  members, 

What  constitutes  a  quorum, 

Minority  may  compel  attendance, 

Ineligible  to  certain  city  offices, 

Vacancies,  how  filled, 

Equal  vote  in  election  of,  how  decided, 

APPEALS: 

From  decisions  under  ordinances, 

From  assessments  in  opening  streets, 


2,  19 

o 

S 

5 

8 

*> 

a 

8 

3 


18 

85 


ARRESTS : 

How  made, 

Duty  of  officer  upon  making, 

After  certain  hours  and  on  Sundays, 


52,  53,  96,  135 
52,  53,  132,  133 
333 


ASSESSOR : 

Council  may  appoint,  .  <5 

ASSESSMENTS  : 

Upon  filling  up  lots,  .  15 

For  improving  lots  and  streets,  .  .  15,  24,  25,  83 

For  paving  side-walks,  .  .  83,  92 

For  paving  side-walks  on  Second  street,  .  .  88 

For  paving  side-walks  on  Court  street,  .  ••  89 

For  establishing  South  street,  .  ,  ••  93. 

ATTORNEY : 

Appointment  and  compensation  of,  ...  6 

Ordinance  for  appointment  of,  and  defining  duties,  .  41,  47 


Compensation  and  fees,  ....  42,  124,  126 


C'l 


140 


INDEX. 


AUCTIONEERS: 

Council  may  liceuse,  ....  7 

Ordinance  for  licensing  of,  ...  103 

Amount  of  license  and  per  centage,  .  .  .  104 

Penalty  for  violation  of  ordinance,  .■  .  .  104 

When  license  becomes  void,  .  .  .  104 

AUDITOR  : 

Ordinance  for  appointment  of,  .  .  /  41 

DB. 

BAGATELLE  TABLES 

Ordinance  in  relation  to,  ....  114 

See  title,  “Billiard  Tables.” 

BAWDY  HOUSES : 

Ordinance  prohibiting  bawdy  houses  &  other  disorderly  houses,  128,  134 
Penalty  for  keeping,  and  who  deemed  keeper,  .  .  134 

Inmates  of,  guilty  of  misdemeanor,  .  .  .  136' 

Penalties  under  ordinance,  how  sued  for  and  recovered,  135 

Duty  of  police  magistrate  when  complaint  made,  .  135 

Ordinance  not  to  affect  liability  under  Other  ordinances,  136 

BILLIARD  TABLES; 

Ordinance  for  licensing  of,  .  .  /  114 

Rate  of  license,  .....  114 

Council  may  reject  application  for,  .  .  114 

Application  shall  describe  building,  .  .  .  114 

License,  liow  signed,  .  j  .  .  114 

Not  transferable,  ....  114 

Not  to  keep  open  after  certain  hours,  .  .  115 

Penalty  for  violation  and  suits  brought  for,  .  .  115 

BONDS  OF  CITY: 

By  whom  executed,  .  46,  47,  121 

Ordinance  in  relation  to  bonds  for  Illinois  River  railroad  company,  120 

BOUNDARIES  : 

Corporate  limits  under  charter,  .  .  .  16,  3‘2 

Additions  to  city,  .  .  .  .  16 

As  fixed  by  ordinance,  ....  39 

BRIDGE  : 

City  may  construct  on  west  side  Illinois  river,-  32 

BROKERS : 

Council  may  license,  7 

Ordinance  regulating,  ....  105 

License,  how  obtained,  .  .  .  .  105 

Penalty  for  dealing  as,  without  license,  .  .  105 


INDEX. 


141 


c. 


CARTS,  DRAYS  AND  WAGONS: 

Council  may  license,  ....  7 

Ordinance  for  licensing  and  regulating,  .  .  106 

Penalty  for  driving  without  license,  .  .  106,  108 

Numbers  to  be  registered  with  clerk,  .  .  107 

Rates  under  ordinance,  ....  107 

Cost  of  license,  .....  107,108 

Penalty  for  failure  to  have  cart,  dray  or  wagon  numbered,  108 

CHALLENGE : 

Proceedings  when  vote  challenged,  .  .  ,  7< 

CHARTER  OF  CITY  OF  PEKIN: 

Act  to  incorporate  towns  and  cities,  .  .  15 

Provisions  of  charter  of  Quincy  applicable  to,  .  16 

Act  to  amend  charters  of  towns  and  cities,  .  •  17 

Act  to  amend  “An  act  to  incorporate  the  city  of  Quincy,”  19 


Act  to  prevent  cities  &  towns  issuing  warrants  to  circulate  as  money,  19 
Act  enabling  cities  to  subscribe  for  stock  in  railroad  companies,  20,  22 


Act  authorizing  cities  to  change  and  vacate  streets,  .  23,  30,  33 

Act  amending  the  charters  of  towns  and  cities,  .  24 

Act  amending  the  charters  &  for  better  government  of  towns  k  cities,  25 
Act  providing  for  election  of  officers,  .  .  26 

Act  for  vacation  of  streets,  alleys  and  town  plats,  .  26 

Act  to  approve  and  extend  corporate  powers  of  city  of  Pekin,  29 

Act  to  amend  the  foregoing  act,  ...  29 

Act  to  amend  the  charter  of  the  city  of  Pekin,  30,  31,  32,  33 

Act  to  extend  corporate  powers  of  the  city  of  Pekin,  .  32 

Charter  declared  a  public  act,  ...  13 

Charter  not  to  invalidate  acts  of  trustees,  .  .  13 


CITY  COUNCIL: 

Consists  of, 

Judge  of  qualification  of  members, 
Quorum, 

Minority  may  compel  attendance, 
Determine  rules  of  proceeding, 
Determine  contested  election, 

Keep  a  journal. 

Number  of  meetings, 

Assess  and  collect  taxes, 

Appoint  certain  officers. 

Require  bond  of  officers, 

Regulate  common  schools, 

Borrow  money, 

Provide  for  debts  of  the  city, 


2 

3 

o 

«> 


3 

3 


O 

u 


5,  30,  31 
6 
6 

6 

6 


6,  30 


19 


142 


INDEX. 


CITY  COUNCIL — Continued : 

Make  quarantine  laws,  .... 

Establish  hospitals,  .... 

Regulate  health  and  declare  nuisances, 

Provide  for  watering  the  city, 

Open,  vacate  and  alter  streets,  .  .  6,  10,  23, 

Build  bridges,  . 

Make  and  alter  wards,  .... 

Light  the  city,  ..... 
Establish  watches,  .... 

Regulate  markets,  .... 

Erect  buildings  for  the  city, 

Improve  public  grounds,  .... 

Improve  navigation,  .... 

Erect  wharves  and  docks,  .  .  . 

Grant  licenses,  ..... 
Regulate  carriages,  wagons  and  drays,  .  . 

Regulate  porters,  .... 

License  shows,  .  .... 

Suppress  disorderly  houses, 

Organize  fire  companies,  .... 

Regulate  erection  of  wooden  buildings,  .  . 

Regulate  chimneys,  .... 

Regulate  storage  of  gunpowder,  .  , 

Regulate  walls  and  fences,  .  ,  . 

Regulate  weights  and  measures,  .  ,  . 

Provide  for  measurement  of  lumber, 

Provide  for  inspection  of  hay  and  fuel,  .  * 

Provide  for  inspection  of  tobacco, 

Rugulate  inspection  of  provisions,  .  .  . 

Regulate  weight  of  bread, 

Regulate  size  of  brick,  . 

Provide  for  taking  census, 

Regulate  elections,  ...» 

Fix  compensation  of  jurors, 

Regulate  police,  .... 

Impose  and  recover  fines,  .... 

Exclusive  powers,  .... 

Make  ordinances,  .... 

Style  of  ordinances,  .... 

Ordinances,  when  to  take  effect, 

Proof  of  ordinances,  and  when  evidence, 

Publish  annual  statement  of  receipts  and  expenditures, 

Acts  of  president  and  trustees  of  town  of  Pekin  legalized, 


f. 

6 

6,  15 

6 

26,  33 
6 
6 
6 
6 
i 

7 

I 

7 

7,  30 
7,  30 

7 

7 

7 

rr 

i 

1 

s=> 

/ 

» 

7 

7 

7 

7 

7 

8 
8 
8 
8 
"8 
8 
8 
8 
8 
8 
8 
8 
8 
8 

12 

20 


INDEX. 


14  ;> 


CITY  OF  PEKIN: 


Limits  of,  ... 

39 

Division  of  city  into  wards, 

40 

City  seal,  .... 

40 

Meetings  of  council, 

41 

Appointment  of  officers, 

41,  53 

Punishment  of  city  officers, 

42 

On  failure  to  pay  fine,  may  imprison, 

12 

May  require  fines  to  be  worked  out  on  streets, 

15 

May  declare  and  remove  nuisances,  . 

.  6,  15 

May  fill  up,  &c.,  lots  declared  to  be  nuisances, 

15 

May  exercise  all  powers  conferred  by  Springfield  &  Quincy  charters,  10 

Limit  to  boundaries  and  additions, 

10 

County  collector  to  collect  city  taxes, 

16,  24,  30 

May  sue  and  be  sued, 

•) 

Purchase  real  estate  and  personal  property, 

•> 

Hold  property  beyond  city  for  burial  grounds* 

.  2,  10 

Sell,  lease  and  dispose  of  certain  property, 

•> 

Subscribe  to  railroad  incorporations, 

2ft 

►Subscription  to  Illinois  River  Railroad  Company  legalized 
Powers  of  city  council,  .... 

Property  of  town  of  Pekin  vested  in  city  of  Pekin, 

Charter  not  to  invalidate  acts  of  trustees, 

CITY  CLERK: 

Council  may  appoint,  .  • 

Ordinance  for  appointment  of, 

Compensation  and  fees  of,  * 

Duties  of* 

Sign  contracts  and  licenses, 

Duty  of,  with  poll  books  of  election-, 

To  make  list  of  persons  liable  to  street  tax, 

To  keep  list  of  brokers’  license  issued* 

Duty  of,  under  ordinance  in  relation  to  dogs  running  at  large-, 
under  ordinance  in  relation  to  peddlers  and  showmen-, 
under  ordinance  in  relation  to  lumber  and  merchandise, 
under  ordinance  in  relation  to  billiard  tables,  &c., 
under  ordinance  in  relation  to  groceries  &  tippling  houses,  110. 

CLERK  OF  ELECTIONS: 

Compensation  of,  ....  40 

CONTAGIOUS  DISEASES  : 

Council  may  prevent  introduction  of,  .  .  0 

Ordinance  to  provide  against,  .  ,  .  Ob 


>  o 
12 
ui 


Vf. 

41,  48 

42,  44 
47 
60 
78 
95 

100 

109 

in 

113 

114 


144 


INDEX. 


COSTS : 


Ordinance  regulating,  in  suits  before  police  magistrate,  122 

May  be  given  against  complainant,  .  .  .  122 

Magistrate  may  demand  fees  in  advance,  .  .  122 

COURT  STREET: 

Ordinance  establishing  grade  of,  .  .  St) 

Ordinance  establishing  grade  of  sidewalks  on,  .  8$ 

1). 

DAMAGES  : 

For  opening  streets,  how  assessed,  ,  .  10,  23,  26,  30,  33 

Under  ordinance  relating  to  certain  streets,  .  .  86 

Under  ordinance  establishing  South  street,  .  ,  91 

Under  ordinance  establishing  South  Front  street,  .  91,  92 

DOGS: 

Ordinance  relating  to  dogs  running  at  large,  .  .  109 

Duty  of  owner  to  register  and  pay  tax  for,  .  .  109 

Clerk  to  give  certificate,  .  .  .  109 

Running  at  large  contrary  to  ordinanoe,  to  be  killed,  .  110 

Fierce  dogs  to  be  killed,  .  .  .  .  110 

Denalty  for  having,  .  .  .  .  HO 

Owners  to  muzzle,  .  .  .  .  110 

Denalty  for  neglect,  .  .  .  .  110 

Drays  : 

See  carts,  drays  and  wagons,  .  .  .  106 

E. 

FLECTIONS : 

Contested  election  of  aldermen,  by  whom  determined,  -  3 

Contested  election  of  mayor,  how  determined,  ,  4 

Annual  election  for  mayor  and  aldermen,  .  .  4 

First  election,  how  conducted,  .  .  ,  4,  26 

Qualifications  of  elect  ors,  ....  4 

To  vote  in  wards,  ....  4 

For  adoption  of  charter,  ....  4 

For  city  officers,  ....  44 

For  officers  of  fire  department,  .  .  .  71 

Ordinance  regulating  mode  of  holding  elections,  .  75 

Return  of  votes,  how  made,  ...  77 

Equal  number  of  votes,  how  decided,  .  .  78 

Proceedings  in  contested  elections,  .  .  :  79 

ELIZABETH  STREET: 

Ordinance  extending,  ....  85 

ENGINEER : 

Ordinance  for  appointment  of,  .  .  41,  51 

Compensation  of,  ....  43 


INDEX. 


145 


ENGINEER,  Continued: 

Ordinance  defining  duties  of,  .  51 

Engineer  of  fire  department,  powers  and  duties,  .  71 

Duty  of  city  engineer  under  ordinance  grading  Court  street,  80 

Duty  of  engineer  under  ordinance  for  sidewalks  on  Second  street,  87 
Duty  of  engineer  under  ordinance  for  sidewalks  on  Court  street,  88 

EXEMPTION: 

Of  inhabitants  of  city  from  road  labor,  .  .  12 

from  tax  for  laborers,  ...  12 

from  tax  tor  county  purposes,  .  .  12 

FEES: 

Ordinance  fixing, 

See  also  under  title  of  different  offices. 

FERRY: 

Act  of  trustees  in  relation  to,  legalized, 

Council  may  license  and  regulate, 

Ordinance  establishing  rates  of  ferriage, 

FINES  AND  FORFEITURES: 

May  be  imposed  for  breach  of  any  ordinance, 

Recovery  of, 

Ordinance  providing  for  recovery  and  appropriation  of, 

Suits  for,  how  and  before  whom  commenced,  . 

Complaints,  how  made,  and  form  of, 

Process,  how  executed, 

Who  may  be  witnesses, 

Trial  by  jury,  .... 

Costs  to  be  taxed, 

Fees  of  magistrate  and  marshal, 

Duty  of  marshal, 

Fines,  to  whom  to  be  paid,  , 

Ordinance  to  amend  the  several  ordinances  in  relation  to, 

Exceptions  of  certain  ordinances, 

See  title,  “Penalties.” 

FIRE  DEPARTMENT; 

Ordinance  to  establish  and  regulate, 

FIRE  LIMITS; 

Ordinance  prescribing,  .... 

FIRE  WARDEN: 

Ordinance  for  appointment  of, 

Compensation  of,  .... 

FRONT  STREET; 

Ordinance  for  widening,  v  85,  86 

20 


42 


29 

8 

64 

8 

8 

122,  125 
122 

123 

124 
124 
124 

124 

125 
125 
125 

136,  137 
136,  137 


71 

97 

41 

43 


146  INDEX. 

GROCERIES  AND  TIPPLING  HOUSES: 

Council  may  restrain  and  prohibit, 

Ordinance  for  licensing  of,  ... 

On  what  conditions  may  be  granted, 

To  authorize  sale  in  but  one  place, 

Penalty  for  selling  without  license,  . 

Penalty  for  keeping  disorderly  house,  selling  on  Sunday, 
to  minors,  .... 

Licenses  to  be  for  one  year,  not  assignable,  a&d  how  issued, 
Penalties,  how  recovered,  .... 

Exception  of  druggists,  .... 

Prohibition  from  selling  on  certain  days,  , 

Penalty  for  so  doing,  .... 

GUNPOWDER: 

Council  may  regulate  storage  of, 

Ordinance  regulating  storage  of  . 

H. 

HARBOR  MASTER: 

Ordinance  for  appointment  of,  .  > 

Compensation  of,  .... 

Duty  of,  in  relation  to  public  landings, 

HEALTH : 

Council  may  regulate,  ...» 

Ordinance  in  relation  to, 

HOGS: 

Ordinance  prohibiting  running  at  large  of,  . 

Running  at  large  declared  a  nuisance, 

Duty  of  marshal  under  ordinance, 

HORSES : 

Ordinance  prohibiting  the  running  at  large  of, 

Running  at  large  declared  a  nuisance, 

Duty  of  marshal  under  ordinance, 

HOUSES  OF  ILL  FAME,  &C.: 

See  title,  “Bawdy  Houses,”  .  .  » 

I* 

IMPRISONMENT  : 

For  failure  to  pay  fine,  ,  .  , 

INSPECTORS  OF  ELECTION: 

In  each  ward,  how  appointed,  s 

Compensation  of,  .... 

Vacancy  in  office  of,  how  filled,  ,  , 

Duty  of  inspectors,  .... 

To  make  list  of  persons  liable  to  street  tax, 


7,  30 
116 
116 
116 
117 

117 

117 

117 

118 
118 
118 

1 

96 


41 

43 

67 

6 

58 

102 

102 

106 

100 

100 

101 

128,  134 


12,  125 

41,  75 
43,  94 
76 
76,  77 
94 


INDEX 


147 


j. 

JURY  AND  JURORS: 

Council  may  regulate  fees  of, 

To  be  summoned-in  assessing  damages,  .  11,  86,  91,  92 

Hu 

LANDINGS: 

Power  of  council  over,  ....  7 

Ordinance  in  relation  to,  .  ,  ,  67 

LICENSES: 

Council  may  issue,  .  .  .  .  7,  8 

By  whom  signed,  ....  30 

Wharf  boat  lecense,  ....  65 

Auctioneer’s  license,  ....  103 

Broker’s  license*  .....  105 

Carts,  wagons  and  drays,  .  .  .  .  106 

Peddlers  and  showmen,  .  .  .  .  Ill 

Lumber  and  merchandise,  .  .  .  .  112 

Billiard  tables,  &c.,  .  .  .  .  114 

Groceries  and  tippling  houses,  .  .  .  116 

LIMITS  : 

Limits  of  city  and  additions  under  charter,  •.  .  16,  32 

Ordinance  defining,  ....  39 

Limits  of  wards,  ....  40 

LUMBER  AND  LUMBER  YARDS: 

Prohibited  on  certain  blocks,  ...  97 

Violation  of  ordinance,  how  punished,  .  97,  98,  99,  100 

Ordinance  for  licensing,  ....  112 

License  for,  how  obtained,  .  .  .  11-3 

how  obtained  after  annual  assessment,  .  .  113 

m. 

MARGARET  STREET: 

Ordinance  extending,  ....  85 

MARSHAL  AND  ASSISTANT  MARSHALS  : 

May  execute  writs  in  limits  of  county,  .  .  13 

Fees  of,  .....  13 

Council  may  appoint,  .  .  *  6 

Ordinance  for  appointment  of,  .  .  ,41,  52,  53 

Compensation  and  fees  of,  ...  43 

To  be  street  commissioner,  ...  44 

Ordinance  defining  duties  of  marshal,  .  .  52 

defining  duties  of  assistant  marshals,  .  .  53 

Duty  under  health  ordinance,  ...  59 

under  ordinances  in  relation  to  contagious  diseases,  63 

under  ordinance  in  relation  to  wharves  and  wharf  boats,  65 


148 


INDEX, 


MARSHAL  AND  ASSISTANT  MARSHALS  —  Continued: 

Duty  under  ordinance  in  relation  to  sidewalks  on  Second  street,  87 
under  ordinance  in  relation  to  sidewalks  on  Court  street,  89 

under  ordinance  in  relation  to  liorses  at  large,  .  100 

under  ordinance  in  relation  to  hogs  at  large,  .  102 

under  ordinance  in  relation  to  brokers’  license,  .  106 

under  ordinance  in  relation  to  carts,  wagons  and  dr-ays,  108,  109 
under  ordinance  in  relation  to ’dogs  at  large,  *  109,  110,  111 

under  ordinance  in  relation  to  peddlers  and  showmen,  112 

under  ordinance  in  relation  to  billiard  tables,  &c  ,  115 

under  ordinance  in  relation  to  groceries  &  tippling  houses  116,  118 
under  ordinance  in  relation  to  fines,  forf’tures  &  penalties,  122,  125 
under  ordinance  in  relation  to  misdemeanors,  nuisances 

and  police,  ....  182,  138 

under  ordinanee  in  relation  to  loiterers  and  vagrants,  138,  184 


MAYOR : 


How  elected,  .... 

For  what  term,  .... 
Qualifications,  .... 

Office,  how  vacated, 

Vacancy,  how  filled, 

Equal  vote  in  election  of,  how  determined, 

Contested  election,  how  determined, 

To  have  casting  vote, 

Mayor  pro  tern .,  .... 

May  call  special  meetings,  . 

Duties  of  mayor,  .... 
Summon  aid  to  suppress  riots, 

May  require  officers  to  exhibit  books, 

To  execute  all  ordinances, « 

Salary  to  be  fixed  by  ordinance, 

To  be  indicted  for  violation  of  duty,  . 

To  issue  and  sign  bonds, 

Duty  of,  under  ordinance  in  relation  to  certain  streets, 
MEETINGS  OF  COUNCIL  : 


4 

4,  19 
4 

4,  13 
4 
4 
9 

9,  13 
9 
9 
9 
9 
9 
9 

10 

46,  47,  121 
86 


Regular  meelings,  ....  41 

Special  meetings,  ....  41 

Penalty  for  non-attendance,  ...  41 

MERCHANDISE  ; 

License  for,  see  under  title,  “Lumber  and  Lumber  lards,’  112 

MISDEMEANORS,  NUISANCES  AND  POLICE  ; 

Ordinance  defining  and  prohibiting,  .  .  .  126,183 

See  under  title,  “Penalties.” 


INDEX.  149 

IV. 

NUISANCE  : 

Council  may  declare,  .  r, 

Lots  declared  to  be,  may  be  sold,  .  .  .  15 

Ordinance  defining  and  prohibiting,  .  .  .  58,  12(5,  188 

O. 

OFFICERS; 

How  appointed,  .....  0 

Compensation  of,  ....  8 

Council  may  Fcmove  certain,  ...  8 

Ordinance  for  appointment  of,  .  .  41 

for  punishment  of,  ....  42 

for  election  of,  ....  44,  4(5 

Reports  of,  and  when  made,  .  .  •  45 

Penalty  for  failing  to  make,  .  ,  .  45 

Oath  of,  ....  45 

Report  and  election  of  engineer  of  fire  department,  .  71 

ORDINANCES  ; 

Council  may  make,  ....  8,  10 

Style  of,  ....  8 

Passage,  publication  and  proof  of,  .  .  8 

Mayor  to  execute,  .  .  ...  10 

Ordinances  of  town  of  Pekin  in  force  until  repealed,  .  12 

Ordinances  repealed,  .  .  .  45,  88,  05,  100 

Ordinances  amended,  ....  130,  137 

I?. 

PAVING  SIDEWALKS: 

Width  and  material  fixed  by  council,  .  .  83,  02 

PEDLERS: 

To  obtain  license,  .  .  .  .  Ill 

Application  to  council,  .  .  .  .  Ill 

To  clerk,  when  council  not  in  session,  .  .  Ill 

Clerk  to  keep  record  of,  .  .  .  .  112 

Penalty  for  violating  ordinance,  .  .  .  112 

PENALTY : 

Council  may  impose,  .  .  .  .  8 

For  refusing  to  obey  mayor,  .  .  .  0 

For  refusing  to  work  on  streets,  .  .  .  12 

0 

Accruing  to  town  of  Pekin  -ested  in  city  of  Pekin,  .  12 

Imprisonment  for  failure  to  pay  fine,  ,  .  12,  125 

Work  on  streets  for  failure  to  pay  fine,  .  .  15,  125 

For  violating  act  in  relation  to  city  warrants,  .  .  20 

F»r  neglect  of  duty  by  city  officers,  .  .  .  41 

For  officers  failing  to  make  reports  .  .  .  45 


150 


INDEX. 


PENALTY — Continued : 


For  failing  to  work  on  streets. 

54 

For  violation  of  ordinance  in  relation  to  sale  of  wood, 

55,  56 

in  relation  to  sale  of  hay  and  coal, 

57,  58 

in  relation  to  health, 

58,  63 

in  relation  to  contagious  diseases, 

63 

in  relation  to  wharves  .and  wharf  boats, 

65 

in  relation  to  public  landings, 

67 

in  relation  to  fire  department, 

71 

in  relation  to  voting, 

79 

in  relation  to  grading  Court  street, 

82 

in  relation  to  street  tax, 

95 

in  relation  to  storage  of  gunpowder,  . 

96 

in  relation  to  resisting  marshal, 

96 

in  relation  to  wooden  or  frame  buildings, 

97,  98,  99,  100 

in  relation  to  horses  at  large, 

101 

in  relation  to  hogs  at  large, 

108 

in  relation  to  auctioneers 

104 

in  relation  to  brokers, 

106 

in  relation  to  carts,  drays  and  wagons, 

106,  108 

in  relation  to  dogs  running  at  large,  . 

109,  110,  111 

in  relation  to  pedlers  and  showmen, 

112 

in  relation  to  lumber  and  merchandise, 

113 

in  relation  to  billiard  tables,  &c., 

115 

in  relation  to  groceries  and  tippling  houses. 

116,  118 

iturbanee  or  breach  of  the  peace, 

127 

For  permitting  disturbance  in  house, 

127 

For  urging  dogs  to  fight,  ,  . 

127 

For  laboring  on  Sunday, 

127 

For  drunkenness, 

127 

For  disturbing  religious  worship,  , 

128 

For  disturbing  lawful  assemblages, 

128 

For  indecent  exposure  of  person, 

128 

For  keeping  or  being  inmate  of  bawdy  house,  . 

128,  184,  135 

For  frequenting  or  being  found  in  bawdy  house, 

184,  135 

For  lewd  behavior, 

128. 

For  gambling,  .... 

129 

For  discharging  fire-arms,  . 

129 

For  building  fire  upon  streets, 

129 

For  hitching  horses  to  shade  trees,  . 

129 

For  leaving  horses  on  sidewalks, 

180 

For  leaving  horses  unfastened, 

130 

For  driving  violently, 

180 

For  teams  obstructing  streets  and  crossings,  . 

190 

For  indecent  exhibition  of  horses, 

130 

INDEX. 


151 


PENALTY  —  Continued : 

For  placing  lumber,  &c.,  on  streets  .  .  .  130 

For  building  bouses  on  streets,  .  .  ,  131 

For  leaving  vaults  and  cellar  doors  open,  .  .  182 

For  minors  violating  ordinance,  .  .  .  182 

For  resisting  marshal,  ...  132 

For  loitering  upon  streets,  and  vagrancy,  .  .  133,  184 

Police  magistrate  may  reduce  penalties,  .  .  138 

POLICE  : 

Council  may  establish  and  regulate,  .  •  .  .  6,  8 


See  title,  “Marshal.” 

POLICE  MAGISTRATE  : 

Established,  and  how  elected, 

How  commissioned, 

Jurisdiction  of,  . 

Fees  of, 

Appeals  from, 

Rules  of  practice, 

Change  of  venue, 

Tenure  of  office,  . 

Vacancy,  and  how  filled, 

Compensation  and  fees  of,  . 

POUND: 

Marshal  to  provide,  ....  102 

Penalty  for  breaking  open,  .  .  .  .  103 

RAILROADS : 

Cities  may  subscribe  to  stock, 

Borrow  money  for  payment  of  subscription, 

Vote  to  be  taken  upon, 

Vote  of  city  of  Pekin  declared  legal,  . 

City  may  contract  with, 

REPAIRS : 


Of  sidewalks  made  by  street  commissioner,  .  .  85 

REPEAL: 

Acts  contrary  to  provisions  of  charter  repealed  13 

Ordinances  repealed,  ...  45,  88,  95,  100 

RIGHT  OF  WAY  : 

Granted  to  city  over  certain  lands,  ...  31 

S. 

SEAL  OF  CITY: 

Form  of,  •  40 

When  used,  .....  40 

Custody  of,  .  .  •  •  40 


20,  81 
20 
21 
23 
82 


x  t 
18 
18 
18 
18 
18 
18 
25 


25,  20 
44 


INDEX.. 


SECOND  STREET : 

Ordinance  in  relation  to  sidewalks  on,  .  .  87,  93 

SHOWMEN : 

See  “Pedlers,”  .  .  .  .  .  Ill 

SHUFFLE  BOARDS; 

Ordinance  in  relation  to,  .  .  .  114 

See  title,  “Billiard  Tables.” 

SIDEWALKS  : 

Ordinance  relating  to  sidewalks  in  city  .  .  83,  92 

relating  to  sidewalks  on  Court  street,  .  80,  88 

relating  to  sidewalks  on  Second  street,  .  87 

SOUTH  FRONT  STREET: 

Ordinance  establishing,  ....  91 

When  a  public  street,  ....  92 

SOUTH  STREET  : 

Ordinance  establishing,  ....  90 

STREETS: 

Powers  of  council  in  relation  to,  .  .  G,  10,  23,  26,  30,  33 

Owner  to  be  compensated,  ...  10 

Damages,  how  estimated,  .  .  .  10,  23,  2G,  33 

Opened,  upon  petition  ,  .  .  .  11,  26 

Jurors  to  be  sworn,  ....  11 

Rules  of  assessment,  ,  ,  >  .  11,  33 

Decision  may  be  set  aside,  ....  11,  33 

CounciLmay  levy  special  tax,  .  .  .  11 

Inhabitants  to  labor  upon  streets,  ...  12 

Penalty  for  refusing,  ....  12 

Persons  violating  ordinances,  to  work  on,  .  .  15,  126 

Grade  of  Court  street  and  width  of  sidewalks,  .  .  80 

Sidewalks  on  streets,  ....  83,  92 

Ordinance  extending  and  widening  certain  streets,  .  85,  86 

Ordinance  for  sidewalk  on  Second  street,  .  .  87,  98 

for  sidewalk  on  Court  street,  .  .  88 

Ordinance  establishing  South  street,  .  .  90 

establishing  South  Front  street,  .  .  1)1 

STREET  COMMISSIONER  : 

Ordinance  for  appointment  of,  .  .  41,  54 

City  Marshal  to  be,  ....  44 

Duties  of,  .  .  .  54,  84,  87,  92,  95 

SnITS  : 

Council  may  provide  for  recovery  of  fines,  &c.,  .  8 

How  brought,  ....  12,  115,  117,  122 


INDEX.  153 

I 

T. 

TAXES: 

Power  of  council  to  levy,  .  .  .  .5,  24,  31 

Lots  may  be  sold  for,  .  .  .  .  15,  24 

Collected  by  county  collector,  .  17,  24,  36,  83,  88,  89,  94 

Street,  tax,  and  how  collected,  .  .  .  54,  55,  94 

Sidewalk  tax,  how  collected,  ...  83 

Sidewalk  tax  for  sidewalk  on  Second  street,  .  .  88 

for  sidewalk  on  Court  street,  .  .  89 

for  sidewalk  in  Cincinnati  addition,  .  94 

Dog  tax,  .....  109,  1 10 

TEN  PIN  ALLEYS: 

Ordinance  in  relation  to,  .  •  .  114 

See  title,  “Billiard  Tables.” 

TREASURER: 

Council  may  appoint,  >  6 

Ordinance  in  relation  to,  .  .  .  41,  50 

Compensation  of,  ....  42 

Duties  of,  .  •  •  50 

V. 

VAGRANTS: 

To  be  arrested,  .  .  .  .  ,  133 

How  punished,  .....  133,  134 

VENUE : 

Change  of,  from  police  magistrate,  .  .  .  18 

VOTERS : 

Qualifications  of,  .  .  .  .  .  4,  19 

Penalty  for  voting  more  than  once,  .  .  .  79 

W. 

WAGONS  : 

See  “Carts,  Drays  and  Wagons,”  .  .  .  100,  108 

WARDS : 

Council  may  establish,  ....  6 

Division  of  city  into,  and  boundaries  of,  .  .  40 

WATER  STREET : 

Ordinance  relating  to,  .  .  ,  85,  80 

WARRANT : 

But  one  warrant  to  be  drawn  for  debt  due  any  person,  .  19 

To  be  drawn  only  in  favor  of  person  to  whom  due,  .  20 

To  bo  paid  only  to  person  to  whom  issued,  .  .  20 

Penalty  for  violation  of  act,  ...  20 


\ 


INDEX, 


154 


WEIGHER  OF  IIAY  AND  COAL : 

Council  may  provide  for, 

Appointment  of, 

Compensation  of,  . 

Duties  of,  . 

WELLS : 

Ordinance  in  relation  to  public  wells,  , 

Penalty  for  watering  animals  at,  , 

Penalty  for  violation  of  ordinance, 

Duty  of  police  magistrate  and  marshal, 

WHARYRS  AND  WHARF  BOATS: 

Council  may  regulate. 

Ordinance  in  relation  to, 

Rates  of  wharfage,  and  penalty  for  not  paying, 
May  be  licensed,  . 

WOOD  MEASURER : 

Appointment  of, 

Compensation  of,  . 

Duties  of,  ... 

WOODEN  AND  FRAME  BUILDINGS: 

Council  may  regulate  and  prohibit, 

Ordinance  in  relation  to  erection  of,  . 

On  what  blocks  prohibited, 

Penalties  for  violation  of  ordinance,  . 


7 


41 

43 

67 

119 
119 
119 
119.  120 

t 

65 

67 

71 

41,  55 
43 
•  55 

7 

97 

97 

97,  98,  99 


